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Agenda Packet 2011-06-28CITY OF City Co Tony Ferrara, Mayor /Chair Caren Ray, Mayor Pro Tem /Vice Chair Joe Costello, Council /Board Member Jim Guthrie, Council /Board Member Tim Brown, Council /Board Member q Steven Adams, City Manager Timothy J. Carmel, City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COU NCI L/REDEVELOPM ENT AGENCY MEETING TUESDAY, JUNE 28, 2011 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 2. ROLL CALL 3. FLAG SALUTE: 4. INVOCATION: 5. SPECIAL PRESENTATIONS: 5.a. Special Centennial Presentations 6. 6a. 7:00 P.M. COUNCIL /RDA BOB LUND, ARROYO GRANDE IN BLOOM RANDY OUIMETTE — PASTOR, ST. JOHN'S LUTHERAN CHURCH; CHAPLAIN, FIVE CITIES FIRE AUTHORITY Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY —JUNE 28 2011 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Consideration of Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period June 1, 2011 through June 15, 2011. 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report listing the current investment deposits of the City, as of May 31, 2011, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special and Regular City Council Meetings of June 14, 2011, as submitted. AGENDA SUMMARY —JUNE 28 2011 PAGE 3 8. CONSENT AGENDA (cont'd) 8.d. Consideration of an Award of Contract to Ferravanti Grading & Paving for Construction of the Traffic Way Extension Asphalt Overlay and Citywide Digout Project, PW 2011 -04 (MCCLISH) Recommended Action: 1) Award a contract for the Traffic Way Extension Asphalt overlay and Citywide Digout Project to Ferravanti Grading & Paving in the amount of $314,362; and 2) Authorize the City Manager to approve change orders for 10% of the contract, $31,436, for unanticipated costs during the construction phase of the project. 8.e. Consideration of a Fourth Amendment to the Aareement with North Coast Engineering for the El Camino Real Rehabilitation and Enhancement Project, PW 2008 -09 (MCCLISH) Recommended Action: 1) Approve a Fourth Amendment to the Agreement for Consultant Services with North Coast Engineering to increase the "not to exceed" amount by $8,958 to perform additional roadway design services near Cornwall Avenue, construction surveying and construction support for the El Camino Real Rehabilitation and Enhancement Project; and 2) Authorize the Mayor to execute the Amendment. 8.f. Consideration to Approve Final Tract Map 2653 — Cherry Creek; Subdividing 9 Acres into Twenty -Eight Residential Lots, Six Open Space Lots, and One Drainage Lot; Adopt a Resolution Accepting Easements and Public Improvements; Approve a Subdivision Improvement Warranty Funding Agreement; Adopt a Resolution Accepting the Transfer of a Portion of the Real Property Formerly Known as Dirt Cherry Avenue Located Immediately Adjacent to Tract 2653; and Approve an Agricultural Buffer Easement and maintenance Agreement (MCCLISH) Recommended Action: 1) Approve Final Tract Map 2653 — Cherry Creek, subdividing 9 acres into twenty -eight residential lots, six open space lots, and one drainage lot; 2) Adopt a Resolution accepting the Lot 29 drainage lot, easements and public improvements; 3) Approve a Subdivision Improvement Warranty Funding Agreement withholding $271,707 of funds the City committed to pay to the Tract owner towards the regional portion of the drainage improvements installed as part of the project and an additional $21,800 to guarantee certain additional minor improvements; 4) Adopt a Resolution accepting the transfer of a portion of the real property formerly known as Dirt Cherry Avenue located immediately adjacent to Tract 2653; and 5) Approve an Agricultural Buffer Easement and Maintenance Agreement. 8.g. Consideration of Development Code Amendment 11 -003; Adoption of Ordinance Amending Regulations Regarding Temporary Signs; Citywide (MCCLISH) Recommended Action: Adopt an Ordinance amending portions of Chapter 16.60 of Title 16 of the Arroyo Grande Municipal Code regarding temporary banners and signs. 8.h. Consideration of Consultant Services Agreement with The Wallace Group (ADAMS) Recommended Action: Approve and Authorize the Mayor to execute an updated agreement with the Wallace Group for engineering services. AGENDA SUMMARY —JUNE 28 2011 PAGE 4 8. CONSENT AGENDA (cont'd) 8.i. Consideration of City Manager Employment Agreement (ADAMS) Recommended Action: Approve a new City Manager employment agreement. 8.j. Consideration of Salary and Benefit Adjustments for Management Employees (ADAMS) Recommended Action: Adopt a Resolution modifying salary and benefits for management employees for FY 2011 -12. 8.k. Consideration of Memorandum of Understanding with the Service Employees International Union Local 620 (ADAMS) Recommended Action: Adopt a Resolution approving a Memorandum of Understanding with the Service Employees International Union Local 620. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of FY 2011 -12 1FY 2012 -13 Biennial Budget (KRAESTCH) [CC /RDA] Recommended Action: Adopt a Resolution approving the FY 2011 -12 Budget. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR FERRARA: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (4) Other (b) MAYOR PRO TEM RAY: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (4) Other AGENDA SUMMARY —JUNE 28 2011 PAGE 5 12. CITY COUNCIL REPORTS (cont'd) (c) COUNCIL MEMBER COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (4) Other (d) COUNCIL MEMBER GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (4) Other (e) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and /or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 14. CITY MANAGER ITEMS The following item(s) are placed on the agenda by the City Manager in order to receive feedback and /or request direction from the Council. No formal action can be taken. None. 15. COUNCIL COMMUNICATIONS: Correspondence /Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence /Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. AGENDA SUMMARY -JUNE 28 2011 PAGE 6 18. ADJOURNMENT * * * * * * * * * * * * * * * * * * * * * * * ** All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk's office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability - related modification or accommodation, contact the Legislative and Information Services Department at 805 - 473 -5414 as soon as possible and at least 48 hours prior to the meeting date. * * * * * * * * * * * * * * * * * * * * * * * ** This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arroyogrande.org * * * * * * * * * * * * * * * * * * * * * * * * ** City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.org ' @ ,tROr o � r 00 INCORPOIqlATED 9 � x : I __ -IL A 'AL, ) � L JULY 10, 19111 * J Nkq, F 0NP MEMORANDU TO: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE BY: TRICIA MEYERS, SENIOR ACCOUNT CLERK SUBJECT: CONSIDERATION OF CASH DISBURSEMENT RATIFICATION DATE: JUNE 28 2011 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period .June 1 through .June 15, 2011. FINANCIAL IMPACT: There is a $663,356.70 fiscal impact that includes the following items: • Accounts Payable Checks 149998- 150169 $ 188 • Payroll Checks &Benefit Checks $ 474,612.81 B ACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANALYSIS of ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2010- budget, ALTERNA *I'1ES: The following alternatives are provided for the Council's consideration: Approve staffs recommendation; 0 Do not approve staffs recommendation; 0 P rovi de d i recti on to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION OF CASH DISBURSEMENT RATIFICATION JUNE 28, 2011 PAGE 2 ADVANTAGES: • The Administrative Services Department monitors payment of invoices for accountability, accuracy and completeness using standards approved by the Council. • Invoices are paid in a timely manner to establish goodwill with merchants. • Discounts are taken where applicable. DISADVANTAGES: No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL EVI ENV No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, .June 23, 2011. The Agenda and report were posted on the City's website on Friday, .June 24, 2011. No public c omments were received. Affach rent : 1. .June 1 —.June 15, 2011 — Accounts Payable Check Reg 2. .June 3, 2011 — Payroll Check Benefit Checks Register Agenda Item 8.a. Page 2 ATTACHMENT I Page: '1 apC kHist Check History Listing 000002382132 0512212011 c� 0612012011 1:11 PM CL C ITY OF ARROYO GRANDE 31x64 000002387611 051251201 Bank code: boa E 010.4145.5403 30.81 M 00 Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 140008 06102/2011 000012 A F I -TIFF SUPPLIES, INC 04143 0410812011 E 010.4430.5285 1,147.07 1,1 1,147.07 140000 0610212011 007681 AMERICAN CAR 05370 06/0712011 E 010.4213.5303 425.00 425.00 425.00 1 50000 0610b2011 003175 AQUA -METRIC SALES 0037778 - IN 06/13/2011 E 640.4712.8207 6 + 864.00 E 640.4712.8207 600.60 7,464.60 7,464.60 150001 0610212011 006607 AT 000002387612 0812512011 E 010.4148.5403 837.24 837.24 000002387614 0512512011 E 010.4201.5403 85.62 85.62 000002388379 0512512011 E 010.4145.5403 57.52 57.52 000002387608 05/25/2011 E 010.4145.5403 39.16 39.16 Page: 1 000002382132 0512212011 c� E 010.4201.5403 31.64 CL C 31x64 000002387611 051251201 E 010.4145.5403 30.81 M 00 30.81 wiD Page: 1 a p kH*I t Check History Listing Pag 06120!2011 1:11PIIA CITY OF ARROYO RANDE Bank code: boa Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 908804 AT&T MOBILITY 900002887509 05/25/2011 E 649.4710.5403 29.15 E 019.4425.5255 69.31 29.'15 009902388417 05/25/2011 69.81 E 019.4145.5408 15.26 15.26 099002887619 05/25/2011 95!02!2911 097492 BATTERY SYSTEMS 23-027227 E 010.4145.5408 14.28 Page: 14.28 1 , '140 150092 05!02!2911 908804 AT&T MOBILITY 052511 05/26!2011 E 019.4425.5255 69.31 69.81 69.81 159003 95!02!2911 097492 BATTERY SYSTEMS 23-027227 04/29/2011 E 010.420'1.5691 256.15 256.15 23-027275 0510512011 E 910.4201.5601 87.87 87.87 344.0 150994 0510212011 909078 BLUEPRINT EXPRESS ESS 12549 04125120// E 919.480'1.5201 1.41 1.41 1.41 150905 95!02/2011 907304 BUR E, WILLIAMS & 145811 05/17/2011 D c� E 010.4098.5327 2,794.00 c� 2,704.00 C L 2 9 704.00 0 c� M 00 44-iD Page: apDkHist Check History Listing Page: 06/20/2011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 150006 06/02/2011 005147 BUSINESS 21 PUBLISHING 060111 06/01/2011 E 220.4303.5503 149.00 149.00 149.00 150007 06/0212011 000160 CHAPARRAL 332566 05/09/2011 E 0 1 0.420 1.61 1 2,325.08 2,325.08 150008 06/0212011 001990 CHARTER 051411 05/14/2011 E 010.4140.5303 214.99 214.99 214-99 . 150009 06/02/2911 999171 CLINICAL LABORATORY OF 914219 05/09/2011 E 649.4710.5310 596.90 596.99 596.00 150010 0610212911 093579 COASTAL SAN LUIS 11111 0111112011 E 919.4301.5303 544.49 544.40 6 01/10/2011 E 359.5427.7301 162.50 162.50 706. 159011 0610212911 000174 COASTLINE 28889 0510912011 D E 64 .4 12.560 3 378.39 378.39 378.39 150012 6/02/2011 000195 CRYSTAL SPRINGS MATER 018068 0510312011 E 0 1 0.4061.520 1 30.50 M 00 30.50 Page: arpCkHist Check History Listing P 06/20/2011 1:11PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 30.50 150013 06/02/2011 000577 LEONARD B DE LOS SANT S 33342 05!1312011 E 010.4424.5351 231.00 231.00 150014 06/02/2011 005001 JOHN DEERE LANDSCAPES 57790035 05!11/2011 E 010.4420.5605 1 41.86 141.86 57727 165 05!0612011 E 010.4420.5605 104.86 104.88 57 721610 05/06/2011 E 010.4430.5605 53.86 53.86 57767730 0511012011 E 010.4420.5605 32.73 - 32.73 150015 0610212011 006827 DETROIT INDUSTRIAL L TOOL 442672 0510912011 E 220.4303.5603 331.16 831.16 150016 0610212011 006848 DNB INDUSTRIAL SUPPLY 118736A 0512012011 E 220.4303.5255 169.44 169.44 231.00 333.33 631.16 169.44 D t� c� CL 0 t� M 00 MiD Pag apkHit Crack History Listing 06/02/2011 062626 II I D F F, INC C Page: 06/20/2011 1:11 pM CITY OF ARROYO GRANDE Bank code: boa E 010.4101.5261 154.90 Check # Date Vendor statue Clear/Void Date Invoice Inv. Date Amount Paid Check Total 1 50017 06/62/2011 002673 DOCTORS M ED P L U S IVIED 008245 04/11/2011 E 010.4421.5315 365.00 150021 E 226.4303.5303 260.06 95/27/2911 E 612.4610.5303 70.00 E 640.4712.5303 175.00 916.00 93.66 919.99 1 50016 06/62/2011 061 525 FERGUSON ENTERPRISES, PF ISES, 71 59924 05/11/2011 E 640.4 712.5610 1,442.03 1,442.03 1,442.63 150019 66/02/2011 607622 FORD CREDIT DEPT 67-434 1649957 05/27/2011 E 0 10.4201-580 3 12,656.65 12,656.65 12,656.65 Page: 1 50026 06/02/2011 062626 II I D F F, INC C 66601 05/11/2011 E 010.4101.5261 154.90 154.96 154.96 150021 0616212011 997999 I AE EF & BLAIR INC 19519319 95/27/2911 E 61 0.420 1.5504 93.66 93.66 93.66 156622 06/02/2011 066492 SCOTT LAI DERS 660211 06/01/2011 D E 226.4306.5554 293.06 293.66 293.66 CL 0 156623 46/02/2611 666375 LA TECH 666111 66/6112611 E 416.4241.5255 944.76 M 00 904.76 0 ft-4 0 Page: ap kHlst Check History Listing E 010.4424.5851 50.40 Page= 8 0812012011 '1:11 PM CITY OF ARROYO RANDE 50.40 E 010.4424.5351 75.80 Bank code: boa Check # Date Vendor Statue ClearNold Date Invoice Inv. Date Amount Paid Check Total 904.7 1 50024 08!02/2011 005035 MARC LEWIS 060111 06/01/2011 E 228.4306.5554 851.00 651.00 651.00 150025 08!02/2011 000393 LUCIA MAR UNIFIED SCHOOL 11071 05!20/2011 E 010.4425.5303 41.10 41.10 1 50028 08!02/2011 000415 METAL SHOP, INC 19052 05/11/2011 E 0 10 - 4213.5604 242.00 242.00 150027 08!02/2011 000428 MIER BR OS LANDSCAPE 177352 04/26!2011 E 250.481 2.8004 70.89 70.89 176791 04/1 4/20 1 1 E 350-5422.7001 70.89 70.69 1 50028 0$!02/2011 007780 C L I IA MILLER 051511 05/15/2011 E 010.4424.5851 50.40 E 010.4424.5351 75.80 E 010.4424.5351 50.40 E 010.4424.5351 75.80 41.10 242.00 141.38 t> 252.00 252.00 0 1 50029 08!02/2011 000429 MINER'S ACE HARDWARE, E, K59897 05!06!2011 E 010.4213.5804 184.86 184.86 M 00 00 iD Page: ap k.HI t Check History Listing Page: 08!20!2011 '1:11 PEA CITY OF ARROYO GRANDE Bank code: boa ^L---I. " n_a� of - - -1 _ I I 'd to 1 Inv Date Amount Paid Check Total tatlla ea F I D a "Vw w K72 K781 K748 K77814 0 5/12/2011 E 010. 95.62 95.62 05 /16/2011 E 010.4420.5605 81.55 05!11/2011 E 010.4420.5605 47.27 47. 05/30/2011 E 010.4420.5255 43.49 43.49 Page: K74 05/11/2011 E 010.4420.5605 43.45 43.45 K7765 05/27/2011 E 010.4420.5255 32.59 32.59 K73334 04/29!2011 E 010.4420.5605 32.57 32.57 K77636 05/27/2011 E 220.4303.561 22.80 22.80 K74867 05/10/2011 E 016.4420.5665 20.64 26.04 K7526 05/13/2011 D E 016.421 3.5664 17.1 17.1 CL K742 05/10/2011 _ E 016.4420.5665 16.85 16.85 m 00 Cfl � Page: pCkHi t Check History Listing Page: g 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa C heck # Date Vendor Statue ClearfVoid Date Invoice Inv. Date Amount Paid Check Total D t� M M M o2) K75812 05/16/2011 E 640.4712.5255 16.03 16.03 K77722 0512812011 E 010.4420.5255 13.01 13.01 K92 0510612011 E 010.421 3.5604 11.95 11.95 K49 0511112011 E 010.4420.5605 10.86 10.86 K76754 0512312011 E 640.4712.5255 10.86 10.86 K7 1221 0410412011 E 010.4201.5255 10.83 10.83 K75558 05114/2011 E 010.4420.5605 5.3 5.38 434 0511012011 E 010.4420.5605 4.34 4.34 150030 0610212011 000468 OFFICE DEPOT 564421451001 0511312011 E 010.4120.5201 213.43 213.43 564327791001 05/13/2011 E 010.4120.5201 10.96 Ii'I: 721.50 224.39 Page: a p kH i t Check History Li tin Page: 0812012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa CL 220540 0511012011 Check # Date Vendor Status Clear/ Vold Date Invoice Inv. Date Amount Paid Check Total 150031 0810212011 000481 PACIFIC GAS & ELECTRIC 5118-194097 0511812011 E 01 0.4304.5402 14,8'1 7.54 Page: 14,81 7,54 14,817.54 150032 0810212011 007108 PARAINT CLEANERS 3871 0413012011 E 010.4201-5303 458.75 458.75 458.75 150033 0810212011 005895 PERRY`S ELECTRIC MOTORS 12528 0511012011 E 81 2.481 0.5810 3 E 812.4810.5603 1,883.23 4,883.23 4,883.23 150034 0810212011 004158 PHOENIX GROUP 042011157 0511112011 E 010.4201.5303 118.31 118.31 116.31 150035 0810212011 000498 PITNEY BOWES, IN 7147128 -1Y11 0511 312011 E 010.4201.5208 56.00 58.00 56- 150038 0810212011 000503 POOR RICHARD'S PRESS, 220208 04128120'11 E 010.4002.5504 442.25 442.25 D 220543 0511 012011 t� E 01 0.4102.52 55 188.50 168.50 CL 220540 0511012011 E 010,4102.5255 151.43 15'1.43 �F Page: apCkHlt Check History Listing E 616.421 3.6604 Page: 1 0612012011 1:11 PM CITY OF ARROYO RANDE 61 751 0111112011 Bank code. boa 466.66 486.66 Check # Date Vendor Status ClearfVold Date Invoice Inv. Date Amount Paid Check Total 220454 0510512011 E 010.4102.5255 133.76 133.76 895.04 150037 0610212011 000520 Q UINN COMPANY P 0 0199891 0511312011 E 640.4712.56603 538.97 538.97 538.97 150038 0610212011 000523 R & T EMBROIDERY, IN 38353 0510312011 E 010.4201.5272 45.91 45.91 45.91 150039 0610212011 000531 I I HETTI COMPLETE WATER 91202 0510112011 E 010.4201.5604 15.00 15.00 15.00 150040 06102/2011 002142 SAN LUIS PAPER CO 617520 0111012011 E 616.421 3.6604 773.66 773.66 61 751 0111112011 E 010.4420.5605 466.66 486.66 624921 -00 0511212011 E 010.4420.5605 120.12 126.12 1,380.44 D 150041 0610212011 000575 SANTA MARIA TIRE, E, I N 565140 0412012011 CL E 010.4201.5601 610.58 610.58 c� �F N 0 Page: 10 p kHist Check History Listing Page: 11 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Chock Total 565342 0511612011 E 010.4201.5601 568.82 568.82 565425 0512312011 E 010.4201.5601 58.07 58.07 565426 05!23!2011 E 010.42 01.5601 58.0 58.07 565137 0412912011 E 010.4201.5601 41.76 41. 6 565147 0412912011 E 010.4201.5601 41.76 41. 1 150042 0610212011 001727 SHERIFF'S ADVISORY 053111 0513112011 E 010.4201.5501 25.00 25.00 25.00 1 50043 0610212011 000552 SLO COUNTY APRIL 2011 0511012011 R 010.0000.4203 352.50 352.50 352.50 D t� c� CL 0 c� �F w� 150044 06/02/2011 000598 SNAP -Oft! TOOLS CORP 150045 06/02/2011 003288 JEFFREY SOU A 207465 05/25/2011 E 010.4305.5273 69.82 69.82 040411 04/04/2011 E 010.4201.5502 750.00 E 010.4201.5502 43.1 793.1 69.82 Page: 11 a pDkHist Check History Listing Page: 1 06/20/2011 1:11 PM CITY OF ARROYO GRANDE Bank coda: boa Check Data Vendor Status Clear/Void Date Invoice Inv, Date Amount Paid Check Total 053 111 06/02/2011 E 010.4291.5591 19.00 10.90 393.1 150046 0010212011 008493 SPRINT 150047 0610212011 000616 STERLING 312.00 D t� c� c.Q � c� . 44hi 150048 46192/2911 900623 SUNSET N CAIN WAS 2541 9413912911 E 640.47 12.6001 27.16 E 229.4393.5691 197.16 E 91 0.4291.6691 37.32 0 159949 06102/2011 992379 TITAN INDUSTRIAL IAL L I -9931 0510212911 E 919.4291.5324 39.90 30.99 39.90 26212 05/03/2011 E 049.4712.5004 150.09 156-00 26211 9510312911 E 640.471 156.00 160.99 1945580 05/19/2011 E 612.4619.5601 196.84 196.04 1945446 9511 X12011 E 612.461 0.5255 45.60 45.60 261.fi4 242.52 150059 9610212011 995251 JERYL TRIMMER 909211 0619212011 E 226.4306.6554 150.99 159.09 Page: 1 arp kHist Check History Listing Page: 1 06/20/2011 '1:'1'1 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearfVold Date invoice Inv. Date Amount Paid Check Total 150. 150051 0610212011 006551 UNITED STAFFING ASSOC. 076956 05/18/2011 E 640.4712.5303 1 1 1 1 50052 0610212011 002933 UNIVAR USA, IN 1,262 . D CL 0 c� �F 150053 0610212011 002137 1EIIN WI 1 50054 0614212411 447049 VORTEX INDUSTRIES IE IN 1 50055 4614212411 044699 LEE WIL ELE 154461 4614612011 444548 CARMEL & NACCASHA, LLP LA- 647282 0511412011 E 640.4712.5274 1,262.66 1,262.66 4974207607 05104!2011 E 41 .4241.5443 561.83 561.83 561.83 41- 598334-1 4514912011 E 414.42 1 .5343 299.14 299.14 299.14 1104 05/17/2011 E 414.4344.5303 1 1 1515.00 1 438211 438311 4384 4614212411 E 2 147.00 E 414.4043.5304 12,698.4 E 010.4443.5327 518.04 13 13,563.40 150062 4614712011 408495 ADVANCED FIFE CONTR 464711 0614712411 E 41 0.4241.5501 140.04 140.00 Pang: 1 ' Pa 14 ap kHi # Check History L istin g 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearfVold Date Invoice Inv. Date Amount Paid Check Total 140.00 150063 0610912011 001 259 AP VIDEO, ING 4432 0610112011 E 211.4101-5330 3 3,000-00 3,000.00 1 50064 0610912011 003167 APPLIED EARTHWORKS INC 2113 -0 1013112010 E 350.5422.7001 2,090.79 2,090. 2,090.79 150065 06/09/2011 005964 ARROYO GRANDE SHELL 060311 0610312011 E 220.4303.5601 39.22 39. 39.22 150066 0610912011 006607 AT&T 2333401 0512512011 E 010. 2,995.47 2,995.47 2337607 0512512011 E 010.4145.5403 32.91 32.91 2332303 0512212011 E 010.421 7.5403 23.33 23.33 3,057.26 150067 0610912011 003496 FRED AVILA 060911 0610912011 E 226.4306.5554 150.00 D 150.00 t� 150.00 CL 150063 0610912011 000055 B & T SVC STN 116294 0512012011 E 010,4305.5303 145.00 145.00 �F 0 Page: 14 app kHist Check History Listing Pag 1 06/20/2011 1:11 PM CITY OF ARROYO RANDE Bank code: boa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 145 150069 08/09/2011 008880 BFEVEII B AIMA 080811 08/08/2011 E 010.4424.5352 100.00 100.00 100.00 150070 08/09/2011 007492 BATTERY SYSTEMS 8- 027509 05/31/2011 E 010.4305.5255 91.97 91.97 91.97 150071 08/09/2011 000078 BLUEPRINT IT E PF ESS 12901 05/28/2011 E 350.5858.7301 197.32 197.32 197.32 1 50072 08/09/2011 007992 ED IA B S H 053111 05/31/2011 01 0.0000.4354 75.00 75.00 75.00 150073 08/09/2011 001 288 BRAN STREET DELI 052911 05/29/2011 E 010.4201.5255 418.88 418.88 418.88 150074 08/09/2011 005728 BRENNTAG PACIFIC INC BPI 100898 05/27/2011 E 840.4712.5274 331.18 331.18 D c� c� CL 0 c� �F ft-4 0 150075 08/09/2011 000087 BREMEN PEST CONT 139088 05/10/2011 E 010.4213.5303 114.00 114.00 331.18 Page: 1 p kHl t Check History Listing E 350.5934-7001 903.22 Page: 1 06!20!2011 tllpm CITY OF ARROYO F ANDE E 220.4303.5603 111.9 Bank coda. boa 111.95 7314 - 488124 06/06/2011 E 640.4712.5603 Check # Data Vendor Status ClearNoid Data Invoice i Inv. Date Amount Paid Check Total 1 89065 05!10/2011 E 010.4213.5303 105.00 105.00 219.00 150076 06!09/2011 000090 BRISCO MILL & LUMBER 148190 05!2412011 E 640.4712.5255 116.43 1 16.48 1 0812012011 E 640.4712.5610 3.24 3.24 1 19.67 150077 06!09/2011 000134 CA ST DEPT OF JUSTICE 846381 05!04/2011 E 010.4120.8316 32.00 E 010.4201.5316 82.00 E 010.4201.5329 2 2,31 3.00 150078 06169/2611 000142 CAL -COAST MACHINERY, IN 443203 05124/2011 E 01 0.4420.5603 49.96 49.96 2,31 3.00 49.96 D c� c� c� �F 000 150079 06/09!2011 007085 CALPFTLAND 1 50080 06109/2011 000608 CARQUEST AUTO PARTS 91285884 05!27/2011 E 350.5934-7001 903.22 908.22 731 484840 05!19/2011 E 220.4303.5603 111.9 111.95 7314 - 488124 06/06/2011 E 640.4712.5603 38.1 903.22 Page: 16 arp kHist Check History Listing Page: 17 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa C heck # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 150.07 150081 06109/2011 007728 SCOTT C RAIB 060811 0810812011 E 010.4424-5352 55.00 55. 55.00 150032 0610912011 008497 CECILIA CRF-ASEY 053111 0513112011 R 010.0000.4354 30.00 30.00 30.00 150083 0610912011 007548 CSG SYSTEMS INC 72672 0512812011 E 840.471 .5208 1 E 010.4145.5208 38.54 E 010.4145.5208 80.44 1,378.68 304 05/26/2011 E 640.471 0.5303 320.00 E 612.4610-5303 80.00 E 640.4710-5555 1 09.20 E 812.4810.5555 27.30 538.50 1,015.18 150084 0610912011 008288 D LLC 1164 0512812011 E 350.5438.7301 1 1,034.52 1,4.52 D 150035 06/09/2011 003501 DEL ORO PROPERTIES INC 5872 08/09/2011 E 250.4812.8051 5 CL 5 5,000.00 c� �F Page: 17 p kHi t Check History Listing Page: 18 06/20/2011 1 :11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Statue ClearfVoid Date Invoice Inv. Date Amount Paid Check Total 180088 08!09!2011 000208 J B DEW AR, INC 781810 08!18!2011 E 010.4201.5808 121.62 121.82 121.82 180087 08!09/2011 002878 DOCTORS f EDPLUS IVIED 1904882 04/28/2011 E 010.4120.5815 185.00 188.00 188.00 180088 06!09!2011 004878 E S IMAGING, INC. 8878 06/01/2011 E 880,8488.7801 28,841.81 28,841.81 28,841.81 180089 08!09/2011 008712 ELE TRI RAFT INC PW 2010 -14 08!01/2011 E 850.8488.7001 7,972.44 7,972.44 180090 08!09!2011 005712 ELETRIRAFT INC 8098 08!27/2011 E 812.4810.8808 887.91 837.91 7,972.44 887.91 CL 0 N F 0 O Page. 18 apkHlst Check History Listing Page, 1 06120/2011 1:11 PM CITY OF ARROYO F ANDE Bark code: boa ^ CL ice/ U3 M M^ N ■ Check # Date Vendor 150091 06/09/2011 00333 FIA CARD SERVICES Status ClearNoid Date Invoice 5120 -7845 5120 -9596 5120 -6335 05/20/2011 E 010.4201.5501 E 010.4201.5501 E 010.4201.5501 E 01 0.4201.5501 E 010.4201.5501 E 010.4201.5501 E 0 10.4201-5501 E 010.4201-5255 E 010.4201.5255 E 010.4201-5608 E 010.4201.5501 E 010.4201.5255 E 0 1 0.420 1.5501 E 01 0.4201.5608 05120/2011 E 010.4201-5608 E 010.4201.5608 E 010.4201.5608 E 010.4201-5501 E 010.4201.5501 E 010.4201.5 501 0512012011 E 01 0.4201.5501 E 10.4201.0 E 010.4201.5501 E 010.4201.5501 17.32 44.42 40.00 40.20 538.31 443.88 -27.00 21.31 300.00 53.85 9.55 293.0 1.30 -0.54 1 x93.0 40.00 73.01 74.59 1 0.00 193.38 14'A 'AA 00-L+. au 47.68 8.00 66.67 n U 1 . Inv. Date Amount paid Check Total Page: 1 apDkHlst Check History Listing Page: 20 0612012011 1:11 PM CITY OF ARROYO f ANDE 8 Bank code: boa 8.48 D 150094 06/09/2011 000263 FRA EE INDUSTRIES INC 645449 04121/2011 Check # Date Vendor Status ClearN Date Invoice Inv. Date Amount Paid Check Total 10.27 5120 -9702 05/20/2011 695.40 c� 695.40 E 010,4201.5604 27.67 c� E 010.4201.5604 17.05 N 0 E 010.4201.5255 37.59 E 010.4201.5255 27.94 E 010,4201.5255 76.02 E 010.420 x .5255 76.10 262.37 5120 -5330 0512012011 E 010.4201.5255 34.78 E 010.4201.5255 152.24 E 010, 4201.5255 30.00 E 010.4201.5201 22.60 239.62 5120 -5954 05/20/2011 E 010.4201.5501 73.00 3.00 3,499.90 1 50092 0610912011 001 951 FIVE CITIES YOUTH 060411 06/04/2011 E 010.4426.5319 200.00 200.00 200.00 1 50093 0610912011 000262 FRANK'S LOC K & KEY 32054 05/19/2011 E 640.4712-5255 8.48 8 8.48 D 150094 06/09/2011 000263 FRA EE INDUSTRIES INC 645449 04121/2011 c� E 01 0.4430.5605 685.13 CL E 010.4430.5605 10.27 0 695.40 c� 695.40 c� N co N 0 Page: 20 apCkHist Check History Listing P 2 1 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Dante Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check To tal 150095 0610912011 006433 CHARLES FU 060211 0610212011 E 226.4306.5554 1,250.00 1,250-00 1,250.00 150096 0610912011 004142 STAN G A X I O LA 060611 0610812011 E 010.4424.5352 116.66 116.66 116.66 150097 0610912011 002813 GRAIN INC 9547671678 0512612011 E 640.4712.5255 69.88 69.88 69.88 150098 0610912011 000499 GRAND AWARD INC 41 05/18/2011 E 010.4001.5504 85.10 85.10 85.10 150099 0610912011 006058 RDNEY GRAY 060811 06 /08/2011 E 010.4424.5352 44.00 44.66 44.00 D t� c� N. w� 150100 0610912011 000288 CITY OF GR BEACH 060311 0610312011 R 612.0000.4751 191.24 191.24 051211 0511212011 R 612.0000.4751 70.77 70.77 262.01 150101 0610912011 002405 CHARLES HARE 060811 0610812011 E 010.4424.5352 66.00 66.00 Page: 21 apCkHist Check History Listing Page: 0612012011 1:11Pm CITY OF ARROYO GRANDE Bank code: boa Check Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 66 .00 150102 0616912611 064188 EDDIE HARRIS 660811 66108/2611 E 61 0.4424, 140.00 140.00 140.00 1 501 0610912011 008351 HARVEY'S HONEY HUTS 999 05/23/2011 E 220.4363.5552 86.09 86.09 86.09 Page: 150164 0616912611 066301 HEACOCK TRAILERS & 34399 6416612611 E 16.4426.5663 20.00 26. 34274 03/1 7/2011 E 616.4426.5663 17.40 17.40 37.4 156105 0616912011 001386 H PKI S TECHNICAL 261111496 6511812611 E 640. 1 1.5668 564.61 564.61 564.61 1 50166 6616912611 066644 IRON MOUNTAIN DIE 1196 6513112611 E 016.4662.5363 150-12 150.12 1 50.12 D 156167 0610912011 006962 JESSIE S JAGONASE 106 6512212011 c� E 016.421 3.5363 850.00 c� 850.00 CL 850.00 c� Page: ap kHI t C he c k History Listing Page: 0612012011 1:11 PM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Data Amount Paid Check Total 150108 0610012011 004059 CRAIG JUNGHANDEL 053111 0513112011 F 010.0000.4354 30.00 30.00 1 50100 0610912011 007209 GAT NKETTI N G O LIVIER 150110 0610012011 005511 CHRISTOPHER LINTNEF 060811 0610812011 E 010.4424, 5352 11 0.00 11 0.00 060811 0610812011 E 010.4424.5352 X0,00 E 010,4424,352 22.00 82.00 150111 0610012011 000303 LUCIA MAID UNIFIED SCHOOL V 0611012011 11071 110/2011 060811 0512012011 E 010.4425.5303 240.00 240.00 0610812011 E 010.4424.8257 15.00 15.00 150112 0610912011 008387 COREY MAYNE 060811 0610812011 E 010.4424.8352 22.00 22.00 30.00 110-00 82.00 255.00 22.00 D t� c� CL 0 c� N co 1 50113 0610912011 000426 MIEF BROS LANDSCAPE 178534 0812412011 E 350.8034.7001 674.28 674.25 1 77771 0510612011 E 350.5632.7005 166.39 166.39 Page: apCkHist Check History Listing Page: 24 06/2012011 1:11 PM CITY OF ARROYO GRANDE Bark code: boa Check # Date Vendor status ClearNoid Date Invoice Emko Inv, Dante Amount Paid Check Total 1 7761 8 05/0312011 E 840,4712.5810 87.43 67.43 908.07 150114 0810912011 000429 MINER'S ACE HARDWARE, 8303 06/0212011 E 010.4420.5255 155.93 155.93 178948 05124/2011 E 840.4712.5255 53.21 53.21 I8403 0810312011 E 220.4303.5613 23.90 23.90 158212 0412512011 E 640.4711.5603 12.72 12.72 178311 0610212011 E 220.4303.5813 7.60 7.60 253.38 150115 0810912011 004394 NATI IMPRINT 119768 0512312011 E 0 10.4201-5504 357. E 010.4201.5504 30.45 387.45 387.45 150118 06/09/2011 000459 N TL TACTICAL OFFICERS 051311 0511312011 D E 010.4201.5503 150.00 c� 150.00 1 50.00 CL 0 15011 06/0512011 008180 WARREN NESS 053111 05131 /2011 c� R 010.0000.4354 65.00 N F0 65.00 a� 0 Page: 24 ap kHi t 06/20/2011 1:11 PM Check History Listing CITY OF ARROYO GRANDE Page: 2 Bank code: boa Check # Date Vendor Status DlearNoid Dante Invoice 65.99 D t� c� CL 0 M N ■^' ice/ 150118 96/99/2011 909466 NOBLE SAW, IN 150119 06211 007202 NSSAAN LLP 150120 0610912 11 000481 PACIFiC GA & E L E CTRIC 160121 06!09/2011 006031 PACIFIC OVERHEAD DOOR 160122 06/09/2011 004757 PLUMBERS DEPOT INC. 160123 06/09/2011 000503 POOR RICHARD'S D'S PF E , 11 4938 95/18/2011 E 229.4303.5693 66.69 66.69 11 596 1 05/27/2011 E 229.4303.6693 41.86 41.86 97.46 384639 0511712911 E 640.4710.6576 6 5,268-17 /'� / 5,268.17 5116 -704689 0511612011 E 010.4146.6401 46.76 45.76 46.76 1 006 05/25/2011 E 010.4201.6605 327.16 327.16 327.16 PD -1 6094 06/27/2011 E 612.4610.6603 48.94 48.94 48.94 220782 06/19/2011 E 0 19.41 2. 2 55 69.60 69. 69.60 Inv. Dame Amount Paid Check Total P 2 apCkHist 06/20/2011 1 :1 IPM Check History Listin CITY OF ARROYO F ANDE Page: 26 Bank code. boa Check # Date Vendor 1 50124 06!09!2011 008498 ALEJAI DRII A RA I E Status Clear /Void Date Invoice 053111 Inv. Date Amount Paid 05!31!2011 01 0.0000.4354 30.00 30.00 30.00 1501 06/09!2011 007354 SILVIA RA I E 053111 05/31/2011 010.0000.4354 30.00 30.00 30.00 150126 06!09!2011 000521 RHF, IN 60929 05!27!2011 E 010.4201.5603 132.21 132.21 132.21 150127 06/09!2011 000536 GREG ROSE 060811 06/08!2011 E 010.4424.5362 100.00 100.00 100.00 150123 06/09!2011 002932 RUTAN & TU KER, LLP 609671 05/12/2011 E 285.4562.5303 1,716.00 1,716.00 609670 05/12/2011 E 284.41 03.6303 546.64 546.64 2,262.64 D c� c� CL 0 c� N o0 000 150129 0610912011 000539 SAFETY-KLEEN SYSTEMS, 541 163 6511712011 E 010.4305.5303 50.00 60.00 60.00 150130 06/09!2011 002142 SAN LUIS PAPER CO 627019 -00 06!27!2011 E 010.4420.5605 760.45 760.45 Page: 26 C heck ■ ■ ap kHist Check History Listing 06/09/2011 Page: 2 06/20 /2011 1:11PNI CITY OF ARROYO RANDE Bank code: boa Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 627921 -99 05127/2011 E 910.4213.5604 414.08 - 414.98 15663 -99 12/09/2010 12,500.00 150132 E 610.421 .5604 -96.48 060811 96!98!2911 -95.48 15675 -99 12/09/2010 E 616.4424.5352 E 91 0.42 1 3.5644 -123.65 - 123.65 77.06 955.46 Page: 150131 06/09/2011 992469 CITY OF SANTA MARIA 57777 65!24!2911 E 640.4712-5207 12 12,500-00 - 12,500.00 150132 9619912911 996089 MAFTI OVA SARMIENTO 060811 96!98!2911 E 616.4424.5352 77.66 77.06 77.00 1501 06/0912011 003024 MARK S HAFFEF 080811 0610812011 E 010.4424.5352 140.00 140.06 149.96 150134 0610912011 006048 JEA JETTE SEARBY 953111 6513112011 E 010.4424.5351 124.25 124.25 1 24.25 150135 06/0912011 008437 THE SHOPS AT SHORT T T 1 05/02/2011 CL E 350.5689.7001 2,567.25 ^ ice/ 2156 c� 2,567.25 N ■^' Page: apCkHi t 06!20!2011 '1:'1'1 PM Check History Listing CITY OF ARROYO GRANDE Page: Bank code: boa Check # Date Vendor Status ClearlVoid Date Invoice 15013 08!09/2011 003838 SILVAS OIL COMPANY, INC 261982 Inv. Date Amount Paid 05/17/2011 B 01 0.0000.1 202 4.9 09.4 4,909.43 150137 08!09/2011 000556 SLO COUNTY IN 074601 4,909.43 1,775.23 ^ CL ice/ M W ■^' O ice/ 150138 08!09/2011 000564 SLO COUNTY NEWSPAPERS 6937174 8939138 3949094 6938974 8933131 8938978 6936977 8935973 05!24/2011 E 840.4710.5303 1 1,775.23 05/01/2011 E 350.5858.7301 582.02 582.02 04/22/2011 E 010.4130.5301 265.62 285.82 04/29/2011 E 010.4002.5301 128.31 128.31 04!03!2011 E 010-4130.5301 11 8.98 118.98 04/15/2011 E 010.4002.5301 109.48 109.48 04/08!2011 E 010.4130.5301 109.48 109.48 04/03!2011 E 010.4130.5301 109.48 109.48 04!01 12011 E 010.4002.5301 107.61 107.81 C heck Tta l Page. 28 a p CkHist Check History Listing E 010.4213.6303 Page: 06!20!2011 1:11 PM CITY OF ARROYO GRANDE 06/01/2011 Bank code: boa 112.16 112.16 Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 6936976 04!08/2011 E 010.4130.6301 106.74 106.74 6934860 04!01/2011 E 010.4002.5301 98.17 98.17 CREDIT 06/09/2011 E 010.4002.6301 -1.00 D c� c� CL 0 c� w 0 160139 06/09/2011 006096 S LO COUNTY 160140 06/09/2011 008363 PAYTON SMALL 160141 06/09!2011 007229 DONALD SNYDER 160142 06/09/2011 003641 SOUTH COUNTY SANITARY CASE 11 -00622 04/30!2011 E 010.4201-5324 060811 06!0812011 E 01 0-4424- 5352 060811 3324784 3326018 3324672 06/08/2011 E 0 10.4424.53 52 -1.00 1,709.87 43.00 43.00 43.00 33.00 33.00 33.00 80.00 80.00 80.00 06/01/2011 E 010.4213.6303 212.32 212.32 06/01/2011 E 010.4213.6303 112.16 112.16 06/01/2011 E 010.4213-5303 112.16 112.16 Page: ap kHist Check History Listing Page: 06!20/2011 1:11 PM CITY OF ARROYO RAN E Ban code: boa C heck # Date Vendor Status ClearNold Late Invoice 3325244 Inv. Late Amount Paid 06/01/2011 E 010.4213.5303 5.91 5.91 442.55 Check Total Page: 150143 00!09/2011 000009 BOB SPEAR 000811 00!08/2011 E 010.4424.5352 40.00 40.00 40.00 150144 00!09/2011 000020 STREATOR PIPE & SUPPLY 51187409 -001 05!0312011 E 010.4213.0401 890.80 E 010.421 3.0401 -16.38 874.48 874,48 150145 0010912011 000024 SUPERIOR F UALITY 37371 0511112011 E 010.4101.6201 1 00.00 199.99 199.99 150140 00!09/2011 002370 TITAN INDUSTRIAL IAL 1045083 05120/2011 E 010.4201.5272 152. 152.03 1045220 0412112011 E 220.4303.5255 14,92 14.92 100.95 150147 00!09/2011 000053 DOROTHY TRUL K V 0011412011 051111 05/1112011 D E 010. 4424.5351 153.60 153.00 CL 153.60 c� w 0 N 0 Check Total Page: apkHist 0812012011 1,1'1 PIS Check History Listin CITY OF ARROYO F ANDE Page: 31 Bank code. boa Check # Date Vendor 150148 0610912011 008499 MARLENE TYN N Status Clear/Vold Dane Invoice 063111 0613112011 010.0000.4364 30.00 30.00 150149 0610912011 006551 UNITED STAFFING ASSOC. 077090 0512612011 E 640.4712.6303 1,063.60 1,063.60 077436 0613112011 E 640.4712.5303 1,043.66 1,043.66 1 5015 0 0610912011 000822 US POSTMASTER 060811 0610812011 E 640.4710.5208 11154.26 1,154.26 150151 0610912011 000822 US POSTMASTER 060611 0610612011 E 010.4145.5208 190.00 190.00 30.00 2,107.26 1,154.26 190.00 D c� c� CL 0 c� w 0 w� 150152 0610912011 000660 USA BLUE BOOK 405382 0612312011 E 640.47 12.5610 97.78 97.78 97.78 150153 0610912011 002137 VERIZON WIRELESS 0975011486 0510712011 E 010.4421.5602 47.98 47.98 47.98 1 501 0610912011 000687 WA N E'S TIRE, INC 321163 0511412011 E 010.4430.5601 175.00 175-00 Page: 31 Inv. Date Amount Paid Check Total p kHi t Check History Listing P 06/20/2011 1 :11 PM CITY OF ARROYO GRANDE Bank code: boa C heck # Date Vendor Statue Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 175.00 150156 0610912011 00781311 ET DOG DESIGNS (DBA) 1 2674 0610212011 01 0.0000.2229 4 15.10 D t� c� CL 0 c� w 0 150156 0610912011 003600 HEATHER WHITE 150167 0610912011 007927 S HIRLEY 11 ILLM TT 053111 060311 0613112011 01 0.0000.4364 0610312011 E 010.4424.6362 416.10 30.00 30.00 22.00 416.10 30.00 22.00 150168 0610912011 000704 WITMER -TYSON IMPORT T 150159 0611012011 000393 LUCIA MAR UNIFIED SCHOOL 150160 0611012011 000393 LUCIA MAID UNIFIED SCHOOL 1 50168 0611412011 000653 DOROTHY TRULOCK T3637 060311 110715 051111 0610212011 E 010.4201.6322 E 010.4201.6322 0610812011 E 010.4424.6257 0512012011 E 010.4425.5303 0611112011 E 01 0.4424. 5361 22.00 600.00 690.31 16.00 16.00 240.00 240.00 163.60 690.31 16.00 240.00 163.60 Page: 3 apkHist 06120/2011 1:11 PM Check History Listing CITY OF ARROYO GRANDE Page: Bank code: boa 150169 00/1512011 008503 CAPCA 75.00 75.99 D c� c� CL 0 c� w 0 160 checks in this report Status ClearlVoid Date Invoice PRE - PAY Inv. Date Amount Paid 06/15/2011 E 0 1 0.4420. 1 75.00 boa Total Taal Checks: 188 188 Check Taal Page: ATTACHMENT CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 611312011 - 612612011 0610311'1 FUND 010 320 FIND 217 14.77 FIND 219 7.72 FUND 220 17 FUND 226 1 FUND 284 521.07 FUND 285 1,1 24.81 FUND 290 165 FUND 612 6 FIND 646 26,555.35 41052.35 474,612.81 O VERTIME BY DEPARTMENT: Admin. Support Services - mmunity Development - Police 6,190.63 Fire 5,773.97 G vrnm nt Bldg Maint. 11 ,396.13 Engineering Crap Pair Fleet Maintenance 5115 Parrs 4,1 02.67 Recreation - Admn PERS Retirement ec - Special Events - Children In Motion 21,625.63 Soto Sport Complex - Public Works Maintenance 516.86 Mate Disability Ins. 112,475.46 5101 Salaries Full time 216,591.21 5102 Salaries Part -Time - PPT 19,977.78 5103 Salaries Part -Time - TPT 29,359.76 5105 Salaries OverTime 12 5107 Salaries Standby 349.50 5108 Holiday Pay 9 5109 Sick Pay 41052.35 5110 Annual Leave Buyback - 5111 Vacation Buyback- 5112 Sick Leave Buyback - 5113 Vacation Pay 11 ,396.13 6114 Crap Pair 4 5115 Annual Leave Pay 4,1 02.67 5121 PERS Retirement 79 5122 Social Security 21,625.63 5123 PARS Retirement 624.71 5126 Mate Disability Ins. 1 5127 Deferred Compensation 658.21 5131 Health Insurance 50,613.14 5132 Dental Insurance 5 5133 Vision Insurance 1 5134 Life Insurance 476.40 5135 Long Term Disability - 5143 Uniform Allowance - 144 Car Allowance 675.06 5146 Council Expense - 147 Employee Assistance - 148 Boot Allowance - 5149 Motor Pay 150.66 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 352.50 474,61 2.81 Agenda Item 8.a. Page 36 INCORPORATED t I lip JULY ,o, 1e1t 1F MEMORANDUM I TO: CITY COUNCIL FROM: ANGELA K AETSCH, DIRECTOR F P ADMINISTRATIVE ATIVE SEF VICE Y: MICHELLE MA FIELD, TREASURER EF SUBJECT: CONSIDERATION I P STATEMENT OF INVESTMENT DEPOSITS DATE: JUNE 28 2011 RECOMMENDATION: It is recommended the City Council receive and file the attached report listing the current investment deposits of the City of Arroyo Grande, as of May 31, 2011 as required by Government Code Section 53646(b). FINANCIAL IAL IMPA T: There is no funding impact to the City related to this report. However, the City does receive interest revenue based on the interest rate of the investment(s). This report represents the City's investments as of May 1, 2011. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of Interest. As of May 31, 2011 the investment portfolio was in compliance with all State laws and the City's investment policy. ANALYSIS OF ISSUES: The Director of Administrative Services has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc. 3. Date of maturity. 4. Principal amount. b. Fate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship hip of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION F INVESTMENT DEPOSITS JUNE 28, 2011 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Recommended Al em ive - Approve staff's recommendation to receive and file the attached report listing the current investment deposits. not approve staff's recommendation - Provide direction to staff ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred dine to market price changes, technical cash flow complications such as the need to withdraw ar non- negotiable Time Certificate of Deposit early, o even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: MENTS: The Agenda was posted in front of City Hall on Thursday, June 23, 2011. The Agenda and report were posted on the City's website on Friday, June 24, 2011. No public comments were received. Attachments: 1. Portfolio Summary: May 31, 2011 Agenda Item 8.b. Page 2 ATTACHMENT 1 C1TV O w r f CITY O ARROYO G RANDE Portfolio Management Portfolio Summary May 31, 2011 City of Arroyo Grande 300 E. Branch S Arroyo Grande, C A 93420 Phone: (805 )473 -5400 Total Certificates of Deposit 1,599,000.00 Money Market Account l eb bank 1,000,000.00 0.580 Total Investments 18,444,236.33 D t� c� CL 0 t� c� oo •� May 9, 2011 n/e 5.422 100.000% wCr Interest Investments Book Value Interest Fa Fa PY Date of Purchase Term Maturity Date % Of Portfolio Local Agency Investment Fronds 15,845,236.33 0.413 0.560% 85.909% Dertiates of Deposit - Banks First Federal Bank of California 99,000.00 2.530% September 18, 2009 731 September 21, 2011 0.537 Redding Bank of Commerce 250,000.00 2.400% September 21, 2009 918 March 21, 2012 1.355 First Republic Bank 250,000.00 3.000 Novemb 9, 2009 38 m s November 9, 2012 1.355 WAR 1,000,000.00 1.910 July 1, 2010 24 m s June 28, 2012 5.422% Total Certificates of Deposit 1,599,000.00 Money Market Account l eb bank 1,000,000.00 0.580 Total Investments 18,444,236.33 D t� c� CL 0 t� c� oo •� May 9, 2011 n/e 5.422 100.000% wCr THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 MINUTES SPECIAL MEETING of THE CITY COUNCIL TUESDAY, JUNE 1 2011 COUNCIL CHAMBERS, 215 EAST BLANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL Mayor Ferrara called the special meeting to order at 6:30 p.m. Council Member .Joe Costello, Council limber ,Jim Guthrie, Council Member Tim Brown, Mayor Pro Tern Caren Flay, City Manager Steven Adams, Human Resources ource Manager Caren Sisk o, and City Attorney Tim Carmel were present. 2 . PUBLIC COMMENT: None. 3 . CITY C CLOSED SESSION: a. CONFERENCE EI CE ITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Represented Employees: Service Employees International Union (SE1U) Local 620 b. CONFERENCE EI CE ITH LABOR NEGOTIATOR OTIATOF pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA C. CONFERENCE CE ITH LABOR NEGOTIATOR OTIATOI pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Unrepresented Employees: Management ement Empj Tees 4 . RECONVENE ENE To OPEN SESSION: At 6:55 p.m., Mayor Ferrara announced that the closed session would be continued and would reconvene at the Regular Meeting. 5 . RECONVENE SPECIAL MEETING: Mayor Ferrara called the continued special meeting to order at 10:50 p.m. 6 . RECON To CLOSED SESSION The Council went back into closed session at 10:52 p.m. Agenda Item 8.c. Page 1 Minutes of City Council Special Meeting June 14 2011 Page 2 6 . RE TO CLOSED SESSION The Council went back into closed session at 10.52 p.m. 7. RE TO OPEN SESSION. Mayor Ferrara announced than there was no reportable action from the closed session. 8. ADJOURNMENT: T: The meeting was ad j ur ned at 11:01 p. m. Tory Ferrara, Mayor ATTEST: Kelly Wetmore,, City Clerk (Approved at CC Mtg _ ) Agenda Item 8.c. Page 2 ACTION MINUTES REGULAR MEETING of THE CITY COUNCIL TUESDAY, .JUNE 1 , 2011 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL To ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:01 p.m. 2 . ROLL CALL City Council: Council Member Joe Costello, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Caren Ray, r, and Mayor Tony Ferrara we present. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief Steve Annibali, Community Development Director Teresa I cClish, and Assistant City Engineer Mike Linn. 3. FLAG SALUTE Victor Devens, representing Arroyo Grande Kiwanis Club, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. Mayor Ferrara recognized former City Council Member Torn Runels who recently passed away, and requested the Council adjourn tonight's meeting in his honor and memory. 5. SPECIAL PRESENTATIONS S 5.a. Honorary Mayor's Commendation Recognizing the Lions Club for receiving the " District -A3 Number one Club" Award. Mayor Ferrara read and presented the Mayor's Commendation to George Stewart and members of the Lions Club. 5.b. Honorary Mayor's Commendation Recognizing Arroyo Grande High school Graduate Hunter Norton on his U.S. Military Academyl e t Point Appointment. Mayor Ferrara read and presented the Mayor's Commendation to Hunter Norton. 6 . AGENDA REVI E11 6-a. ordinances Read in Title only. Council Member Brown moved, Council Member Guthrie seconded, and the ,notion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. Agenda Item 8.c. Page 3 Minutes: City Council Regular Meetin Tuesday, June 14, 201 Page 7 . CITIZENS' INPUT, COMMENTS,, TS AND SUGGESTIONS The following members of the public spoke during Citizens' Input, Comments and Suggestions: Camay Arad, Chameleon's Fine Furniture; Jeff Plnak and Brad Snook, representing Surfrider Foundation. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public regarding Item 8.g. were Margaret Hennessey, I jer tina Agne Linda Ikeda, and Dr. Margaret Carmen. There were no other comments received, and the public comment period was closed. Mayor Ferrara requested that Items 8.e., 8.g. and 8.i. be pulled. Mayor Ferrara noted the supplemental memorandum distributed to the Council for Item 8.e. regarding modifications to the minutes of the May 26 1h meetings to reflect Mayor Pro Tem Fay's attendance at the May 26 1h Special (Closed Session) City Council meeting and her absence at the Allay 26 Special (Budget) City Council meeting. He also announced he would step down from voting on the minutes of the May 31 Special ,point City Council /Planning Commission ion meeting /study session because of his absence due to a conflict of interest. 8.e. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council/ Redevelopment Agency meeting of May 24, 2011; the Special City Council meeting of May 26, 2011; the Special City Council Redevelopment Agency meeting of May 2011, and the Special ,point City Council /Planning Commission ion meeting /study session of May 31, 2011, as submitted. Action: Mayor Ferrara moored to approve the minutes of the Regular City Council/ Redevelopment Agency meeting of May 24, 2011, as submitted; the Special City Council meeting of May 26, 2011 as amended, and the Special City Council Redevelopment Agency meeting of May 26 2011, as amended. Council Member Brown seconded, and the motion passed on the following roll -call Grote: AYES Ferrara, Brown Guthrie, Costello, Flay NOES: None ABSENT: None Mayor Ferrara stepped down from the dais. Action: Mayor Pro Tern Flay moored to approve the minutes of the Special ,point City Council /Planning Commission ion meeting /study session of May 31, 2011, as submitted. Council Member Brown seconded, and the motion passed on the following roll -call Grote: AIDES: Flay, Brown, Guthrie, Costello NOES: None ABSENT: Ferrara Mayor Ferrara returned to the dais. Agenda Item 8.c. Page 4 Minutes: City Council regular Meetin Tuesday, ,lure 14, 201 Page Action: Council Umber Brown moved, and Council Member r Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.m., with the exception of Items 8.e. 8.g. and 8.i., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.1. The motion passed on the following roll -call vote: AYES: Brown, Guthrie, Costello, Flay, Ferrara NOES: None ABSENT: Done 8.a. Consideration of Cash Disbursement Ratification. Recommended Action: Ratified the listing of cash disbursements for the period Ma 18 2011 through May 31, 2011. 8.b Consideration of Fiscal Year 2011-1 Appropriation Limit. Recommended Action: Adopted Resolution No. 4888 entitled "A RESOLUTION TION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE E ADO TIN A TA PROCEEDS EXPENDITURE A ROPRIA TION LIMIT FOR FISCAL YEAR - " 8.c. Consideration of Approval of the City of Arroyo Grande Investment Policy. Recommended Action: Approved the City of Arroyo Grande Investment Policy. 8.d, Consideration of Confirmation of Assessments for Tracts 1158, 1789, 2310, and 2238. Recommended Acton: 1 Adopted Resolution olution lo. 4389 entitled "'A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO C RA N E CONFIRMING A LANDSCAPING ASSESSMENT FOR TRACT 7758 "; Adopted Resolution No. 4870 entitled "A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE CONFIRMING A LANDSCAPING AND LIGHTING ASSESSMENT FOR TRACT 769 " 8 Adopted Resolution Flo. 4371 entitled: "A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE E CONF11 1111IN THE ASSESSMENTS FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT (TRACT 2310)" and Adopted Resolution olution lo. 4872 entitled "A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT TRACT . 8.f. Consideration of Council Appointment to Parrs and Recreation Commission. Recommended Action: Approved the recommendation of Council Member Joe Costello to appoint Roxanne anne Shankland to the Parks and Recreation Commission. 8.h. Consideration of Cancellation of July 26, 2011 City Council Meeting. Recommended Action: Cancelled the regularly scheduled Council meeting of July 26, 2011. 8J. Consideration of a Resolution Accepting Improvements for Parcel Map AG - 0 123 Located at 154 P 11 n e Street Constructed by Robert Del Campo. Recommended Action. Adopted Resolution olution I o. 4878 entitled "A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE E ACCE TIN IMPROVEMENTS FOR PARCEL MAP AG 04-0123 L o CA TED AT 154 PINE STREET EET C ONS TRUC TE BY ROBERT DEL Ci MPO' ; 8.k. Consideration of Acceptance of the Well No. 10, Phase II Rehabilitation Project, PW 2010-02. Recommended Acton. 1 Accepted the project improvements as constructed by F. Baker, Inc. in accordance with the plans and specifications for the Well No. 10, Phase 11 Project, Directed staff to file a Notice of Completion 8 Appropriated an Additional $8,000 for the project budget from the later Availability Fund; Approved a Second Agenda Item 8.c. Page 5 Minutes: City Council Regular Meetin Tuesday, .lure 14, 2011 Page Amendment to the Agreement for consultant Services With Daring, Taylor & Associates in the amount of $2,150; and Authorized release of the retention, thirty -fire 3 days after the Notice of completion has been recorded, if no liens have been filed. 8.1. consideration of Adoption of an ordinance Amending Portions of Title 13 and Title 16 of the Arroyo Grande Municipal code Relating ting to the Establishment of Water Efficient Landscape Requirements; Development code Amendment case No. 11-002. Recommended Action: Adopted Ordinance No. 633 entitled ""AN ORDINANCE OF THE CITY COUNCIL 1 CIL F THE CITY OF ARROYO GRANDE AMENDING PORTIONS F TITLE 13 AND TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE ST I LIST- ME T OF WATER EFFICIENT LANDSCAPE REQUIREMENTS 8.m, consideration of a Resolution Accepting open space, Trails, Public Access and Slopes for Tract 2236. Recommended Action: Adopted Resolution No. 4374 entitled "" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING P 1 SPACE,, TRAILS, PUBLIC ACCESS AND SLOPES FOR TRACT 2236 CONSTRUCTED MANGANO HOMES ITEMS PULLED FROM THE CONSENT AGENDA 8.g. consideration of Letter to the California Public Utilities commission (CPUC) Regarding the smartMeter Program. Recommendation Action: Authorize the Mayor to submit a letter to the CPUC urging approval of a Pacific Gas and Electric SmartMeter opt out program at no additional cost to the customer. Mayor Ferrara read the proposed letter to the California Public Utilities commission and staff responded briefly to questions from council. Patricia Wilmar, PG&E representative, also responded to questions from council regarding the proposed opt -out fees and ongoing monthly fees. Council comments and discussion ensued With regard to the opt -out provisions, associated fees, potential health implications than have not been thoroughly researched, and Whether or not this issue is Within the City's jurisdiction. Action: council Member Costello moored to authorize the Mayor to submit a letter, as proposed, to the CPUC urging approval of a Pacific Gas and Electric Smart) leter opt out program at no additional cost to the customer. Mayor Ferrara seconded, and the motion failed on the following roll call Grote: AYES: Costello, Ferrara NOES: Guthrie, Brown, Far ABSENT: None Further discussion ensued With regard to changes to the proposed letter. Recommended changes to the letter included additional language be inserted as follows: "....the customer Agenda Item 8.c. Page 6 Minutes: City Council Regular Meeting Rage Tuesday,, June 14, should bear no initial cost for his or her decision regarding participation in the option program and that anv additional costs be equitable among ratepayer Action: Council Member Guthrie moved to submit a letter to the CPUC with the recommended changes. Mayor Pro Tenn Ray seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fair, Ferrara NOES: Costello, Brown ABSENT: None 81 Consideration f Request from Planning Commissioners F een and Sperow for Consecutive Absences from Planning Commission Meetings. Recommended mmended Action: Consent to three consecutive absences by Planning Commissioners been and Sperow during the summer months. Mayor Ferrara cautioned staff about scheduling items when a full membership of the Commission Is not present. Director McClish noted that the requests for absences do not overlap. Action: Mayor Ferrara moved to approve Item 8.i with the recommended course of action. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Ferrara, Brown, Guthrie, Costello, Fair NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration f Development Dude Amendment ent 11 -003; Proposed Ordinance Amending Regulations Regarding Temporary Signs; Citywide. Community Development Director McClish presented the staff report and recommended that the Council introduce an Ordinance amending portions of Chapter 16.60 of Title 16 of the Arroyo Grande Municipal Code regarding temporary banners and signs. Mayor Ferrara opened the public hearing. Spearing from the public was Patter Welsh, Prad ra Court, who spore in support and inquired whether duplicity of signs is addressed in the proposed Ordinance. There were no other comments received and the public hearing was closed. Council comments ensued in support of the proposed Ordinance, as modified, to delete Section b which would have prohibited commercial signs held or supported by a person. Action: Mayor Pro Tern Ray ,moved to introduce an Ordinance, entitled ""AN ORDINANCE of THE CITY of ARROYO GRANDE AMENDING PORTIONS of CHAPTER 16.60 of TITLE OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS AND SIGNS", as modified to delete Section b. Council Member Costello seconded, and the motion passed on the following roll call vote: Agenda Item 8.c. Page 7 M inutes: City Council Regular Meeting Tuesday, June 14, 2011 AYES: Fay, Costello Guthrie, Brown, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a Freak at 8:30 p.m. The Council reconvened at 8:43 p.m. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS Pepe II.a. consideration of south San Luis Obispo County sanitation District Presentation. City Manager Adams introduced John Wallace, South San Luis Obispo County Sanitation District Administrator, and recommended that the Council receive his presentation and communicate concerns and questions. John Wallace provided a status update of District activities and distributed a report which highlighted a number of management and operational changes that have been put into place as a result of the Notice of Violation received by the District, an internal review by the District Administrator and staff, as well as external reviews provided by third parties, including a report by the San Luis Obispo County Grand Jury. Michael Seitz District Counsel, provided comments on the Grand Jury report and noted that the District would respond by August 2 nd. Mayor Ferrara opened the public comment period. Speaking from the public were Jeff Pinak and Brad Snook, representing Surfrider Foundation. There were no other comments received, and the public comment period was closed. Council asked questions of District Administrator Wallace and District Counsel Seitz and then Council comments ensued on issues including conflict of interest, auditing practices the District's minimal record of violations, the District's low rates, Board responsibility, updates to contracts, the District's responses to date, the Grand Jury process, addressing public perceptions of conflict, acknowledgement that most Grand Jury report recommendations are already being addressed, the status of current operations at the plant, and clarification regarding Council Member representation on the Board and the Council's ability to provide input and recommendations to the Council representative. No formal action was taken. 12. CITY COUNCIL REPORTS TS The Mayor and Council Members provided brief reports from the following committee, commission, board, or other subcommittee meetings that they have attended as the City's appointed representative. (a) Mayor Ferrara: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Agenda Item 8.c. Page 8 Minutes: City Council Regular Meeting ing Tuesday, June 14,, 2011 (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (b) Mayor Pro Tern Ray: (1) Economic Vitality Corporation (EVC). (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (c) Council Member Costello: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (d) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC). 13. CITY MANAGER ITEMS None. Page 14. COUNCIL COMMUNICATIONS Mayor Ferrara announced he would be attending League of Californian Cities Board meeting this week regarding an update on proposed legislation relating to redevelopment. 15. STAFF COMMUNICATIONS City Manager Adams provided an update on the completion of improvements at Olohan Alley and the movement of Farmer's Market back to its original location! reported that City of Grover Beach would be discussing the City's invitation for joint meeting regarding consolidation; lidation; and stated that the first 5 Cities diversity Coalition meeting will be held on June 23, 2011. 18. COMMUNITY COMMENTS AND SUGGESTIONS John Keen, :North Elan Street, commented on water pollution in the Santa Maria groundwater basin and use of chemical and diesel fuel in the oil company exploration process. W. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:47 p.m. in the memory of Thomas Alan Runels. Agenda Item 8.c. Page 9 Minutes: City Council Regular Meeting Tuesday, June 14., 201 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, re, City Clerk (Approved at CC Mtg } Page Agenda Item 8.c. Page 10 RO A. INCORPORATED MEMORANDUM D IAA JULY 1 0. 1 91 1 � F 0 Ft To: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR : MIKE LIN , ASSISTANT CITY ENGINEER EEF SUBJECT: CONSIDERATION of AN AWARD D of CONTRACT To FEF RAVAI TI GRADING & PAVING FOR CONSTRUCTION of THE TRAFFIC WA EXTENSION ASPHALT OVERLAY AND CITY WIDE DIGOUT PROJECT, P11 11 DATE: JUNE 28 2011 RECOMMENDATION: DATIOI : It is recommended the City Council: 1. Award a contract for the Traffic Way E Asphalt O v e rlay and Citywide Digout Project to F rraVanti Grading & Paving in the amount of $314,362; and 2. Authorize the City Manager to approve change orders for 10% of the contract amount, $31,436, for unanticipated costs during the construction phase of the project (total construction costs = $314,362 + $31,436 = $345, 798). FINANCIAL CIAL IMPACT: The Capital Im Program budget for Fiscal Y ears 2010/11 and 2011/12 includes $851,371 for the Pavement Management projects. This includes not only the Traffic Way E Asphalt Overlay and Citywide Digout Project but the 2011 Street Resurfacing Project as well, which will be advertised to bid in late duly, 2011. B ACKGROUND: D: The project scope of work is divided into two separate schedules: Schedule A— Reconstruction of the Traffic Way Extension R adw y The process includes the complete removal oval of the existing asphalt, an investigation of the existing base rock condition to determine if additional base rock is required, regrading and compaction of the base rock, and installation of a new asphalt concrete paving section. Agenda Item 8.d. Page 1 CITY COUNCIL CONSIDERATION of AN AWARD of CONTRACT To FERRA IANTI GRADING PAVING FOR CONSTRUCTION of THE TRAFFIC WAY EXTENSION ASPHALT OVERLAY AND CITY WIDE DIGOUT PROJECT, PIN 2011-04 JUNE 28,2011 PAGE 2 The Pavement Management Master Plan recommend a PCI (Pavement Condition Index) of 75 (out of a possible score of 100) for City streets. The PCI rating for Traffic Way Extension is 19, which qualifies it as a "Very Poor" condition. The recommended rehabilitation strategy 'is the complete reconstruction of the roadway in accordance with Table 2a from the Pavement Management Master Plan; Schedule B — citywide Diguts "Digout " are defined as the removal of asphalt and base materials to the roadway s ubgrad e, usually resulting from grater intrusion or the lack of compaction during the original construction. Dependent upon the encountered condition, additional material may need to be installed to stabilize the s ubgrade. The roadway structural section is then rebuilt through the placement and compaction of base rock and asphalt pavement. This work is being performed in preparation of roadway resurfacing applications, such as slurry sealing and micro urfacing, which provides a membrane over the roadway surface. Since the s lurry seal and rnicrourfacing contractors are typically not equipped to perform roadway reconstruction, it is prudent to have the work b performed by a company geared to perform asphalt paving. ANALYSIS of ISSUES: On June 16, 2010, four bids were opened for the Traffic Way Extension Asphalt Overlay and Citywide Rigout Project. The lowest bid, from Ferravanti Grading & Paving, was in the amount of $314,362 ($140,361-50 for Schedule A — Traffic Way Extension + $174,000.00 for Schedule B — Citywide Drgout . Staff has determined the bid to b responsive and recommends the a ward of a construction contract to Ferravanti Grading Paving. Agenda Item 8.d. Page 2 CITY COUNCIL CONSIDERATION ATIOI of AN AWARD of CONTRACT ACT To FER AVAI TI GRADING PAVING FOR CONSTRUCTION of THE TRAFFIC WAY EXTENSION SION ASPHALT OVERLAY AND CITYWIDE IRE RIGOUT PROJECT, PW 2011-04 JUNE 28 2011 PAGE The digout work is proposed in preparation for the Pavement Management Program work to be performed later in the Summer. Funding is being carried over and it is proposed to construct the Pavement Management Program projects for both FY 2010- 11 and FY 201 1 -12 this Summer. Bids for this work were approximately $150,000 over the engineer's estimate. Therefore, it is likely that additional funding will be necessary to complete the Pavement Management Program im provements. If necessary, an additional appropriation will be recommended at that time. This amount can be addressed from the fund balance of the Local Sales Tax Fund while maintaining the 15 minimum reserve policy. Streets proposed to be upgraded are consistent with the Pavement Management Program approved by the city council in September, 2010. They include the following streets. Staff recommends that council award both Schedule A and Schedule B. The contract time is 30 calendar days. Work is expected to begin in early September. ALTERNATIVES: The following alternatives are provided for the council's consideration; 1. Approve staff recommend to award a construction contract to the lowest responsive bidder for both Schedules A and ; 2. Reduce streets proposed for digouts to avoid the need to appropriate additional funds to complete the Pavement Management Program improvements. 3. Do not award a construction contract for the project at this time; or 4 Provid e d irection to staff. ADVANTAGES: The Traffic Way Extension roadway is in very poor condition and requires reconstruction. Less expensive options are not advisable. Performance of the asphalt digouts will provide a stable surface to facilitate the application of microsurfacing and slurry sealing on a separate project later in the year. Performing the digouts will enable the city to administer the remaining work in the Pavement Management Program during the summer months. DISADVANTAGES: 'rhe proposed work will likely exceed budgeted funds once the remaining Pavement Management Program improvements are bid later in the Summer. This will require additional funding that could be used for other priorities. However, staff believes sufficient funding exists in the Local Sales Tax Fund and street improvements are a high priority. Agenda Item 8.d. Page 3 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO FERRA ANTI GRADING PAVING FOR CONSTRUCTION F THE TRAFFIC WAY EXTENSION ASPHALT OVERLAY AND CITYWIDE IRE RIGOUT PROJECT, P II 2011-04 JUNE 28 2011 PAGE 4 ENVIRONMENTAL REVIEW: The project is categorically exempt from CE QA pursuant to Guidelines section 15301 (c). PUBLIC NOTIFICATION AND COMMENTS: MENTS: The agenda was posted on Thursday, June 23, 2011. The agenda and staff report was posted o n the City's website on Friday, June 24, 2011. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Tabulations Agenda Item 8.d. Page 4 ATTACHMENT 1 BID OPENING LOG SHEET CITY F ARROYO GRANDE Deadline; June 16, 2011; 2:00 p.m, Traffic flay Extension and Citywide Digut SUBMITTED BY: P pI h Construction, I n . Pismo Beach, CA Ferravanti Paving Paso Robles, CA Cal Portland Construction Santa Maria, CA Brugh Construction Inc. Arroyo Grande, CA Ditty N011n, Deputy City Clerk City Manager Community Development Director TOTAL $429768.29 .$314 .$381 $378,050.50 Agenda Item 8.d. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.d. Page 6 RO INCORPORATE MEMORANDUM im .Y 10, loll [' To: CITY COUNCIL FROM: TER ESA IIACCLISH, collAlIA1JNIfiY DEVELOPMENT DIRECTOR BY: MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION of A FOURTH AMENDMENT To AGREEMENT WITH NORTH COAST ENGINEERING FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT PROTECT, PW 2008 DATE: JUNE 28, 2011 RECOMMENDATION: Iof It is recommended the Council: 1. approve a Fourth Amendment to the Agreement for Consultant Services with North Coast Engineering to increase the "not to exceed" amount by $8,958 to perform add itional roadway design services near Cornwall Avenue, construction surveying and construction support for the El Camino Real Rehabilitation and Enhancement Project; and 2. authorize the Mayor to execute the amendment. FINANCIAL IMPACT: The Capital Improvement Program Budget includes $2,361,932 for the project. - rhe total estimated cost of the project (design, administration, construction) is $2,325,000. BACKGROUND: On December g, Zoo, the City Council approved an agreement with North Coast Engineering in the amount of $68,620 for the design of the E1 Camino Real Retaining Hail, El Camino Real Resurfacing, and El Camino Real/Chilton Street waterline Capital I mprovement Projects. On April 28, 2009, the City Council approved a First Amendment to the Agreement for Consultant Services in the amount of $21,608 to include bicycle lanes, sidewalk gap closures, and underground utilities between Cornwall Avenue and East Grand Avenue. On June g, 2009, the City Council approved a Second Amendment to the Agreement for Consultant Services in the amount of $19,851 to include the expansion of the Halcyon Park and Fide Lot. On November 10, 2009, the City Council approved a Third Amendment in the amount of 40,508 to design revisions to the County pigging vault, drainage modifications for the soil nail retaining wall, redesign of the Park and Fide layout, revisions to the Cornwall Avenue storm drain and waterline, and the Chilton waterline. Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION of FOURTH AMENDMENT To AGREEMENT WITH NORTH COAST ENGINEERING FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT PROJECT, PW 2008-09 JUNE 28 2011 PAGE On May 2, 2011, the City Council awarded a construction contract to Brough Construction in the amount of $1,900,572 and authorized the City Manager to a pprove change orders for 15% of the contract amount, $285,086 (total construction costs = $1 + $285,086 i $2,185 The construction of the new VCA Animal Hospital at the southwest corner of the E Camino Real and Cornwall Avenue intersection is nearing completion. Staff had conditioned the project to install new curb, gutter and sidewalk along the frontage of the property. Since the grade of the El Camino Real roadway would be affected, staff also conditioned temporary repairing of the frontage segment of El Camino Real, which would then be reconstructed during the City's capital improvement project. Due to the short time frame between the two projects, staff deleted the tem paring requirement from the developer's scope of work and requested a credit for the work that could be applied towards the El Camino Real Rehabilitation Project. Although there had been extensive coordination between the North Coast Engineering (the Cltyls consultant engineer) and the developer's engineer, changes during construction of the frontage improvements resulted in a larger grade difference than originally designed. After considerable discussions, the City and North Coast Engineering mutually agreed that the rig ht -of- w y improvements and the existing roadw would require a new surrey to facilitate red esign of the El Camino Roadway segment guest of Cornwall Avenue. ANALYSIS of ISSUES: A Fourth Amendment to the Agreement for Consultant Services for North Coast Engineering is recommended for the following: Construction Surveying $22,991 Construction surveying on City capital projects is normally the responsibility of the contractor. Given the unique technical circumstances of the project, primarily the soil nail retaining wall, staff believed the surveying should be performed by North Coast Engineering. Staff deleted the surrey requirement from the bid documentation. Improvements near Cornwall Avenue (V Animal Hospital) $8,968 Work includes the performance of a surrey of the new right-of-way improvements for the V CA Animal Hospital adjacent to El Camino Real east of the Cornwall Avenue intersection and the redesign of the adjacent roadway segment. The work will be incorporated into the scope of work for the El Camino Real Rehabilitation and Enhancement Project. The amendment and the changes will be funded partially from the cred the City receives from the VCA Animal Hospital for the deletion of temporary roadway construction during the construction of their right-of-way improvements. Agenda Item 8.e. Page 2 CITY COUNCIL CONSIDERATION OF FOURTH AMENDMENT TO AGREEMENT T WITH NORTH TH COAST ENGINEERING FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT PROJECT, PIN 2008-09 JUNE 28 2011 PAGE Construction Support Services $18,21 Includes support functions that the City may elect to be performed by the design engineer during the construction project. Please note th all services will be billed on a time and materials basis and are only p erformed solely at the City's direction. ALTERNATIVES: The f alternatives are provided for the Council's consideration: • AppFove a contract amendment with North Coast Engineering; • Do not approve a contract amendment with North Coast Engineering; • Provide staff direction. ADVANTAGES A pproval of the contract amendment will enable the surrey and redesign to be performed with adequate lead time to avoid potential delays to the El Camino Real l F eh bilit ti n and Enhancement Project, currently scheduled to begin in early duly 2011. DISADVANTAGES: Staff is currently negotiating the credit with the developer of the VCA Animal Hospital for deletion of the temporary r for El Camino Re adjacent to their property frontage. Staff has estimated the potential amount of the credit but it is currently unknown wn t whether it will cover the resultant redesign and reconstruction expenses. ENVIRONMENTAL REVIEW: An environment determination will be presented to Council at the time of consideration t approve plans and specifications for the projects. PUBLIC NOTIFICATION AND COMMENTS: MENTS: The Ag eed a was posted in front of City Hail on Thursday, June 2 3� 2 011. The Agenda and staff report were posted on the City's website on Friday, dune 2, 2011. No public comments were received as the time of preparation o f this staff report. Attachment: Fourth Amendment to the Agreement for Consultant Services with North Coast Engineering. Agenda Item 8.e. Page 3 ATTACHMENT 1 CONSULTANT SERVICES AGREEMENT AMENDMENT NO. 4 This Fourth Amendment "Fourth Amendment" to Consultant's Services Agreement CCSX) by and between the CITY OF ARROYO GRANDE and NORTH TH COAST ENGINEERING, INC. is made and entered into this day of .June 2011, based on the following fats: WHEREAS, the parties entered into a CSA dated December g, 2008, for the design of the El Camino Real Retaining Wall, El Camino Real Resurfacing , and El Camino Real/ Chilton Street Waterline Capital Improvement Projects; and WHEREAS, the parties entered into a First Amendment to CSA dated April 28 2009, to include the design of bicycle lanes, sidewalk gap closures, and underground utilities between Cornwall Avenue and East Grand Avenue as part of the project; and WHEI EAS, the parties entered into a Second Arnendment to CSA dated .June g, 2009, to include the design of the Halcyon Park and Fide Lot Expansion a part of the project; and WHEREAS, the parties entered into a Third Amendment to CSA dated November 10, 2009, to include additional design services on the El Camino Real Retaining Hall, El Camino Real Resurfacing, ing, and El Camino Real/Chilton Street Waterline Capital Improvement Projects; and WHEREAS, the Agreement expired on December 31, 2003; and WHEREAS, the parties wish to revive and amend the original agreement as set forth herein. NOW THEREFORE, for the good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree that the Agreement is herby revived and in full force and effect as modified, and subject to the terms and conditions set forth below: 1. Revive the CSA and extend the terra to expire on .June 30, 2012. 2. T include the flung additional services to the CSA as specified in Exhibit "A„ attached hereto and incorporated herein by this reference. 3. Except as modified herein, all other terms and conditions set forth in the CSA, as amended, shall remain unchanged. Agenda Item 8.e. Page 4 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fourth Amendment the day and year first set forth a bove. CITY OF ARROYO GRANDE : TONY FERRARA, MAYOR ATTEST, FOLLY WETMO E, CITY CLERK APPROVED AS To FORM TIMOTHY J. CAR IEL, CITY ATTORNEY CONSULTANT B NORTH COAST ENGINEERING Agenda Item 8.e. Page 5 EXHIBIT A ivy E 1 ` Land S urrreyiriq - Proj ea r opmeiiL PROPOSAL FOR CONSTRUCTION SERVICES CITY OF ARROYO GRANDE 51112011 Improvements for E1 Camino Real Arroyo Grande, CA I. CONSTRUCTION STAKI hl ' A. Survey Control 1. Check and set additional control B. Rough Grade Staking 1. Mark sew cut lines t paint marks) C. Hall Staking 1. Walls - sheets 6 and 7 2t stakes) a. Stake offset to fade of wall with cuts/fill to top of footing 2. Soil nail Wall - sheet 12(F Rough Grade )-11 t stakes a. Stake offset to top and bottom of wall with cuts to top of walllbot of wall 2A. Soil nail Hall - sheet 12( Finish Grade) -11t stakes a. Stake offset to top and bottorn of wall with cuts to top of walllbot of wall 3. fall - sheet 1 40± stakes) a. Stake offset to fade of wall with cutslfill to eplfinish surface D. Storm Drain -sheets 11,1 1. Stake offsets to 4-DI's behind soil nail wall with cut1fill to top of grate-(8± stakes) 2. Stake offsets main line (sheet 1 ) with cut/fill to invert-(12± stakes) R:\PR0M814MWmnen=1 1 El Camino Street Improvement ESTIMATED FEE $22,9911.00 Client Initials: 1 or Agenda Item 8.e. Page 6 E. Water -sheets ,1 3,14,1 1. Stake main line on Oak Park with cut/fill to finish surface-(6± stakes) 2. Stake water main line {sheet 1 with cut/fills to finish surface -(11 ± stakes) 3. Make water servi es with cutlfilI to top of curb-(12± stakes) 4. Stake B fire hydrants with cut/fill to top of curb-(12± stakes) F. Sewer - sheet 1 1. stake offset to end of lateral with cut/fill to top of curb-(2± stakes) G. Finish Grade - sheets -7 1. Make offset to face of curb with cut/fill to top of curb-(1 5± stakes) 2. Make offset to llowline of cross gutter-(4± stakes) H. Finish Grade - sheet 10 1. Stake offset to face of curb with cut/fill to top of curb-(40± stakes) 2. Make offset to llowline of cross gutter with cut/fill llowline -( ± stakes) I. Finish Grade - sheet 11 i . Make offset to face of curb with cut/fill to top of curb -(11 ± stakes) II. CONSTRUCTION EN INEEF ING 1. Pre -bid meeting with City 2. Respond to Bidders Questions IFI's 3. Attendance at Pre -Bid Meeting 4. Pre job meeting with selected contractor a. Contractor questions B. Review shop drawings for Boil Nail Wall 7. Plan interpr tation/ FI's 8. Prepare record drawings 9. Final walk through (Budget 8 hours) (Budget 30 hours) (Budget 20 hours) TOTAL E TIMATED HOURLY FEE: "All reimbursable expenses are in addition to estimates." SITE: 1. Construction staking based on estimated time needed without contractor input. 2. Contruction engineering based on budgetary hours for project engineer (Budget hours) and senior engineering coordination with City. Can provide additional observation as requested by City. CLIENT F E P N IBILITIE /E] LUS IONS: Construction Observation and Inspection Soil testing Striping layout $18 Client Initials; RAPROJ=14MAgreeawt12011 El Camino Street Improvement 2 of Agenda Item 8.e. Page 7 NORTH COAST ENGINEERING, IN - Cis Engineering • Land Surveyinq ■ Project Developnient PROPOSAL FOR PROFESSIONAL SERVICES CITY OF ARROYO GRANDE May 1 , 011 Amendment #4 Additional Services for El Camino Real i Arroyo Grande, CA ESTIMATED FEE I. REVISIONS TO IMPR EM NT PLANS (El Camino Real 0 $6,956.00 A. Review VCA Plans, Coordination with Ground lip Engineers B. Survey existing features for design C. Plan and Profile of centerline El Camino Real D. Cross - ecd+ons 5 a25' E. Revise Quantity Estimate (Cornwall Set) F. Internal Plan Check G. Submit to City /Coordinate Revisions TO TAL ESTIMATED HOURLY FEE: 'All reimbursable expenses are in addition to estimates." Client Initials: R_WR0UMI4 VWeemer4V0I I FJ Camino Street Improvement 1 of 1 Agenda Item 8.e. Page 8 PRO 4 p� INCOAPORATED MEMORANDUM JULY 10, 19 11 F� TO: CITY COUNCIL FROM: TERESA I IDDLISH, COMMUNITY UNITY DE EL PMENT DIRECTOR Y. LES EANS, PROJECT ENGINEER SUBJECT: CONSIDERATION TO APPROVE FINAL TRACT MAP 2653 - CHERR CREEK; SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT (28) RESIDENTIAL LOTS, SIX OPEN SPADE LOTS, AND ONE 1 DRAINAGE LOT, ADOPT A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION IMPROVEMENT WARRANTY F AGREEMENT; ADOPT A RESOLUTION ACCEPTING THE TRANSFER OF A PORTION OF THE REAL PROPERTY FORMERLY KN As DIRT CHERRY AVENUE LOCATED IMMEDIATELY ADJACENT TO TRACT 2663; AND APPROVE AN AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGRE DATE: JUNE 28 2011 RECOMMENDATION: It is recommended the Council 1. Approve Final Tract Map 2653 — Cherry Creels, subdividing 9 acres into twenty - eight 2 residential lots, six open space lots, and one 1 drainage lot; 2. Adopt a Resolution accepting the Lot 29 drainage lot, easements and public improvements; 3. Approve a Subdivision Improvement Warranty Funding Agreement withholding $271 X 707 of funds the City co mmitted to pay to the Tract owner towards the regional portion of the drainage improvements Installed a part of the project and an additional $21 ,800 to guarantee certain additional minor improvements; 4 . Adopt a Res accepting the transfer o f a portion of the real property formerly known as Girt Cherry Avenue located immediately adjacent to Tract 2653; and 5 . Approve an Agricultural Buffer Easement and Maintenance Agreement. FINANCIAL I M PACT: Under the Conditions of Approval, the City is obligated to pay $325,000.00 to the developer for its share of costs associated with the regional drainage improvements. The developer has requested $271, 707 be withheld to lieu of a warrantee bond and an additional amount of $21 be withheld for certain additional improvements, leaving a payment o f $31 ,493. At this time, funds will come from the Drainage Fund and Local Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION To APPROVE FINAL TRACT MAP 2653 — CHERRY CREEK; SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT 2 RESIDENTIAL LOTS, SIX OPEN SPACE LOTS, AND ONE 1 DRAINAGE LOT; ADOPT A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE REAL PROPERTY FORMERLY KNOWN 11 AS DIRT CHERRY AVENUE LOCATED IMMEDIATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGREEMENT JUNE 28 2011 PAGE 2 Sales Tax Fund. There is $331,000 budgeted in the capital project for this and remaining costs for completion of the stone culvert headwall. In the future the maintenance of the new public improvements will add to the overall costs of the City infrastructure maintenance program. The earthen berm along Branch Mill Road will need to be re- graded prior to each rainy season at City expense. In addition, the maintenance needs for the drainage facilities constructed as part of this Tract will be significant during rainy years when silt collects in the drainage lot and requires removal. BACKGROUND: ND: The City has received Final Tract Map 2653, owned by Han na Development Corporation. The subject tract is located between East Cherry Avenue and Myrtle Street. This reap subdivides g acres into twenty -eight 2 residential lots ranging In size from 5,820 sq uare feet to 1 7,822 square feet. The smallest open space lot is 4,993 square feet and the largest is 30,175 square feet. The drainage lot is 42,449 square feet. The City Council approved D evelopment Code Amendment No. 06-003 on November 2, 2006 to change the zoning of Subarea 1 from Residential Rural to Single - Family Residential and approved Neighborhood Plan No. 04-001 on October g, 2007 to coordinate infrastructure needs within both subareas, consistent with policies set forth in the General Plan. On May 2, 2009, the City Council adopted Resolution No. 4187 granting a one -year time extension and amending Nesting Tentative Tract Map No. 2653 and Planned Unit Development No. 04-002. O October 13, 2009 the City Council adopted Resolution No. 4225 amending the conditions of approval of Vesting Tentative Tract Map No. 2653 and making a finding for substantial conformance to approved plans regarding the width of the Agricultural buffer. ANALYSIS of ISSUES: The reap is consistent with the Vesting Tentative Tract Map No. 2653 and Planned Unit Development No. 04-002 approved by the City Council on November 28, 2006 and amended in 2009. Staff recommends than the Council approve Final Tract Map 2653 and accept the offers of dedication for street right of way, pedestrian and street tree Agenda Item 8.f. Page 2 CITY COUNCIL CONSIDERATION To APPROVE FINAL TRACT MAP 2653 — CHERRY CREEK; SUBDIVIDING 9 ACRES INTO TWENTY -EIGHT 8 RESIDENTIAL LOTS, SIX (6) OPEN SPACE LOTS, AND ONE 1) DRAINAGE LOT; ADOPT A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE REAL PROPERTY FORMERLY KNOWN As DIRT CHERRY AVENUE LOCATED IMMEDIATELY IATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGREEMENT JUNE 28 2011 PAGE 3 easements, Lot 29 (drainage lot) and Open Space Lots 30-A, 30-B 3 -C, 30-D, 3 -E and 3 -F as shown on the Final Map. An unusual feature of the project is the installation of two bridges one on East Cherry Avenue and one on Myrtle Street. The street easements, over the top of the bridges, are offered for dedication on the Final Map. Lot 29, the drainage lot than runs the length of the tract and under the bridges, is offered as a separate instrument and the City will own the property in fee. As a condition of the development of Tract 2653, the Developer was required to construct offsite storm drain facilities along Branch Mill Road to the existing stone culvert at Huebner Larne. The constructed facilities include a " storm drain line from the stone culvert on Branch Mill Road to the intersection of Branch Mill /East Cherry Street, then east along East Cherry Avenue to the new East Cherry box culvert. In addition, a dirt berm was constructed along Branch Mill Road and grading near the corner of Branch Mill Road and East Cherry was performed to better direct agricultural run -off into the on -site Cherry Creep facilities. Staff recommends than these off -site drainage facilities also be accepted for maintenance. Since the time the berm was constructed along Branch Mill Road, farming operations and heavy winter rainfall have slightly reduced the height of the berm. Prior to the next rainy season, the City will need to restore the berm to ensure than the new drainage facilities operate as designed. The Developer has agreed to help fund the berm restoration work. The Developer and the City have entered Into a reimbursement agreement for a portion of the cost of the offsite drainage improvements. The agreement calls for the City to reimburse the Developer $306,000 plus interest 3° annually) for the work. Payment is to be made upon completion and City acceptance of the offsite drainage improvements. In the case of Tract 2653, the D eveloper did not post an Improvement Bond guaranteeing the construction of improvements, but instead elected to install the public improvements before recording the Final Map. The Developer has proposed than the City withhold $271,707 of the funds due it from the City under the reimbursement agreement for offsite drainage improvements for the one -year subdivision improvement warranty period. In addition, the Developer has not completed certain minor improvements including setting seven monuments, completing the landscaping in the easement adjacent to Lot 29, reconstructing the earth berm adjacent to Branch Mill Road than was damaged by winter storms and re- striping the intersection at Branch Mill Agenda Item 8.f. Page 3 CITY COUNCIL CONSIDERATION To APPROVE FINAL. TRACT MAP 2653 — CHERRY CREEK; SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT ) RESIDENTIAL LOTS, SIX ) OPEN SPACE LOTS, AND ONE 1) DRAINAGE LOT, ADOPT A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE PEAL PROPERTY TY FO ME LY KNOWN As DIRT CHERRY AVENUE LOCATED IMMEDIATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGREEMENT ,JUNE 28,2011 PAGE 4 Road and East Cherry Avenue. The Developer has proposed that the City withhold an additional amount of $21,800.00 from the reimbursement agreement to guarantee the cost of these items. The Subdivision Improvement Warranty Agreement addressing these "hold backs" is attached for the Council's consideration. Finally, there is the issue of a 16t strip of land formerly known as "dirt Cherry' adjacent to the southerly Tract boundary that is owned by the twelve property owners living to the east of Tract 2653 and formerly utilized for access. Access to their properties is now provided by the newly constructed section of East Cherry Avenue. A portion of the 1 strip was used to construct the new pared section of East Cherry Avenue, a portion was used to construct drainage improvements and the balance is now a part of the landscaped area within the agricultural buffer immediately adjacent to East Cherry Avenue. The property owners have transferred their interest in this portion of the former "dirt Cherry" to the City. A separate Resolution is attached to accept this real property transfer. In order to ensure that landscaping within the agricultural buffer is maintained y the Developer and subsequently by the Homeowners' Association, as specified in the conditions of approval and mitigation measures for Tract 2653, the City will grant, and the Developer will accept, an agricultural buffer installation and maintenance easement in the portion of former "dirt cherry" that does not include roadway improvements. To perfect that action, an Agricultural Buffer Easement and Maintenance Agreement are attached for Council consideration. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staffs recommendation; • Do not approve staffs recommendation; • Modify as appropriate and approve staff's recommendation; or • Provide direction to staff. ADVANTAGES: irhe approval of the Final Map will allow the developer to commence sales of the lots and enable the eventual construction of 28 new homes that will deliver additional property tax to the City. The acceptance of the drainage improvements is consistent with the Newsom Springs Regional Drainage Plan and in compliance with the agreement between the City and the developer for construction of a portion of the ultimate Newsom Springs Drainage improvements. The drainage improvements should Agenda Item 8.f. Page 4 CITY COUNCIL CONSIDERATION TO APPROVE FINAL TRACT MAP 2553 - CHERRY CREEP[, SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT RESIDENTIAL LOTS, SIX ( 6 ) OPEN SPACE LOTS, AND ONE 1 DRAINAGE LOT, ADOPT A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION IMPROVEMENT WARRANTY FUNDING AG EEME 1T; ADOPT A RESOLUTION ACCEPTING THE TRANSFER OF A PORTION F THE REAL PROPERTY FORMERLY KNOWN As DIRT CHERRY AVENUE LOCATED IMMEDIATELY ADJACENT TO TRACT 2553, AND APPROVE AN AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGREEMENT JUNE 289 2011 PAGE 5 reduce the possibility of storm damage to City residents and result in a decreased exposure to liability for the City. DISADVANTAGES: The acceptance of improvements will create additional maintenance costs for the City. ENVIRONMENTAL REVIEW: IEW: No environmental review is required for this item. PUBLIC NOTIFICATION A D COMMENTS: The agenda for this meeting was posted at City Hall on Thursday, June 23, 2011 and the agenda and staff report were posted on the City's website on Friday, June 24, 2011. As of the writing of this staff report, no public comment had been received. Attachments: 1. Final Tract Map 2 2. Subdivision Improvement Warranty Funding Agreement 3. Agricultural Buffer Easement and Maintenance Agreement Agenda Item 8.f. Page 5 RESOLUTION NO. RESOLUTION F THE CITY COUNCIL OF THE CITY F ARROYO GRANDE ACCEPTING EASEMENTS TS AI D IMPROVEMENTS FOR TRACT 2653 CONSTRUCTED STRUCTED B HUASI A DEVELOPMENT COMPANY, LLC WHEREAS, the City Council approved Final Tract Map 2653 on November 28, 2006; and WHEREAS, the project was conditioned to mplete certain public improvements pursuant to Resolution No. 4187 adopted by the City Council on May 26, 2009 and Resolution N. 4225 adopted by the City Council on October 13, 2009; and WHEREAS, the developer has constructed the improvements required by the conditions of approval for Tract 2653; and 1 !: ,.'EREAS, staff has inspected the improvements and finds they are constructed in accordance with the approved plans for the project. NOW, , THEREFORE, BE IT RESOLVED that the City Council of the City o Arroyo Grande does hereby accept the following offers o f dedication and improvements for Tract 2653 1. Lot 29 (drainage lot),, 2. Public street easements for East Cherry Avenue, Myrtle Street and Stilwell Drive, 3. Public curb,, gutter, sidewalk, water lines, sewer facilities, storm drainage facilities,, landscaping and streets on East Cherry Avenue, Myrtle Street and Stilwell Drive 4. Open space easements n Lots 30 A-F 5. Newsom Springs Drainage Improvements as described in the Drainage Improvement and Easement Agreement dated March 9, 2010. Cyr, motion of Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2011. Agenda Item 8.f. Page 6 RESOLUTION 1 . PAGE TONY FER AF A, MAYOR ATTEST: KELLY WETM F E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: M: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.f. Page 7 RESOLUTION N . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE TRANSFER OF A PORTION OF THE REAL PROPERTY FORMERLY KNOWN AS DIRT CHERRY AVENUE {A PORTION OF APN 007 - 711 -004) LOCATED IMMEDIATELY ADJACENT TO TRACT 2653 WHEREAS, EAS, the owners of real property formally known as Dirt Cherry Avenu portion f APN 007 - 711 -004) located immediately adjacent to Tract 2653 desire to transfer a portion of said property to the City o Arroyo Grand ("City"); and WHEREAS, EAS, the City desires to accept said transfer for the benefit f the general public. NOW, , THEREFORE, BE IT RESOLVED L1 ED than the City Council of the City o Arroyo Grande does hereby accept the interest in real property identified as a portion of Assessor's Parcel Number 007-711-004, as more particularly described in Exhibit A and depicted in Exhibit B both of which are arttar h d hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED than the Mayor is authorized to execute Certificate(s) of Acceptance for said real property. On motion of Council Member seconded by Council Member and by the following roll call Grote, to grit: AYES: NOES ABSENT: the foregoing Resolution eras parsed and adopted this I day of June, 2011. Agenda Item 8.f. Page 8 RESOLUTION N . PACE 2 TONY F E IAA FAA, MAYOR ATTEST: KELLY WETMORE CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.f. Page 9 EXHIBIT 64A95 LEGAL DESCRIPTION That Portion of Lot 90 of the Ranchos Corral de Pi dr , Pismo and Bolsa de Ch mis 1, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according t0 the map made by James T. Stratton, in September, 1873 and recorded in Book A, Page of Maps in the office of the County Recorder of said County, more Particularly described as follows: The north westerly 16.00 feet of Lot 90 from the westerly corner of Lot 90, 82.69 feet to the easterly corner 0 f Lot 3 5 0 f the Resubdivision 0 f a Part o f the Ranchos Corral de Pi dr , Pismo and Bolsa de Ch mi al, as surveyed by R.R. Harris, November 1885 and recorded in Book A, Page 63 of Maps, records of said County. Except therefrom that Portion thereof conveyed to the County of San Luis Obispo for road Purposes by feed dated July 1, 1911 recorded in Book 88, Page 485 of feeds, records of said County. The above described Property is shown On Exhibit "" attached hereto and incorporated herein by reference. 6/22/11 Agenda Item 8.f. Page 10 w w 0 z G0%4m 1 CHERRY AVE. PER DEEDS 485 GRAPHIC SCALE 100 0 50 100 200 1 inch = 100 feet N. \2010 \ 10018— h rry r k \ urvey rowin Exhib tB. dry ., Loyout 1, Jun 22, 2011 : , pm, horr ABOVE A: PLA T X8 'I' 1 j► = o' NUMBER: 10018 GR A:k:D E OF A POD? 77 ON F L 0 T F 74 .• RANCHOS RA I RA, PISMO DA T - JUNE 22 201 ENGINEERING Al 11SA DE CHEMISAL, IN 77-IE CITY F ARROYO GRANDE, 1304 aid So @@I, Son Luis 93401 (, f TY III (. P plxxWWO 540 -5115 * fig{ 540-5116 A OWME■" ompommm a ime W ft 4 i Agenda Item 8.f. Page 11 CORNER OF LOT 89 &90 (A MB 65) EXHIBIT "B" fA,E at AEOM ! SEE SH L 5 E2 Lj • �/iw Ste * fe' �Lk6+7' ftj mi i3'Jd1Gk�' _ _ _ a4 rr a} e1�' A16FTf? 8I� ice' / .7 - 3 4 �" s _ Asa y 1 1 ly � �* � irr It F AV u +arar++ _ 7 .r :r .� •� ,�' = a�a .W _ _ . r '" +tee = ; ,- s ; ° • 'te N5772 e E 11756 - _ tt Lm 1 EA � J F ...� U "MT # .eat" gti l + ' ° � J?' 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T sW. — — ixo s7!` sm2sgL! i ° °'° use ss �t.; U _ _ _ _ mac SC afrA#S CAP 04 MQ1 r 02wwF aJf>w mw mw mw w Ulm) LfficiEtm o - fib' QMM 1111+ OW Ls AM A10 JU ME & roc % mw A r Fpmaw4 mm v sw Fwoqmrr Locs M JU BUZ A10 T AG % AM' 6 - wr suss CAP ev Nu L3 Ma e MWO 00FOA 7 {F AS +�R W N r+rASLMV R_ acrm Fm Azm FM AW 9" QVNW arrx BDMVWVWA0M JIMPMUMM CAEC"W r REFERENCES X A WSJ JU la AS B W 11 ors W Rit ow ft or ax arms w rat saty-rraO GFFI04L AE03M w as LES J67 w am ar M115 cs rar w SMEY NJ WOO Haar+ PF RM LW ar Wr Jv 911711M FM01V N M.errs a "M /EJ+■+rt a Jr 9' Sr r $0 it as a A D E E ioir4�� � ■�A! our LOT DATA SHEET YRACT 2653 CHERRY CREEK ., Awom or err ry Aw ra Are Aa or Lora im JK J7 AW ae ar $Wa's AMMVSM Or VAMW OWK of r'93ML F V A r PAdr ear Orr Or A44M 054iff cm rr ar sw L SU K or c+Lraew 0 x ic m z Q. 0) �rMIL tD 00 N Lh ATTACHMENT 2 SUB MSION IMPROVEMENT WARRANTY FUNDING AGE+ EM ENT This Improvement Warranty Funding Agreement ("Agreement") is entered into on this day of June 2011 by and between Huasna Development Company, a California Limited Lability Company "Developer" and the City of Arroyo Grande, a California Municipal Corporation ("pity ". Recitals A. VVHEREAS, on November er 8, 20o6, City approved Vesting Tentative Map loo. 2653 and Planned Unit Development loo. 04-002 to subdivide a nine acre property into twenty eight residential lots; four open space lots and one i drainage lot "Cherry Creep Project"); and B. VVHEREAS, on October 13, 2009, City approved Resolution loo. 422,5 containing revised Conditions of Approval requiring Developer to install certain drainage improvements in connection with the Cherry Creep Project, including the following Condition: Condition loo. 116. The Applicant shall construct a -inch offsite storm drain line(s) and appurtenances from the East Cherry Avenue lox culvert, along Branch Mill Road in the public right of way and through a City drainage easement on Dlixon Ranch to the existing ditch at the stone culvert located near the corner of Branch Hill Road and Huebner Lane and construct other off site regional drainage infrastructure including a. berm above the -inch drain line consistent with the conceptual drainage plan in Exhibit "B" ... The City shall reimburse the applicant o,000.00, plus interest, for this work. E. VVHERFAS, Resolution loo. 4225 also contains revised Conditions of Approval requiring the Applicant to provide certain improvement securities in connection with the Cherry Creep Project, including the following Condition: Condition loo. 139. Provide financial security mutually acceptable to the Applicant and City for the following ... one Year Guarantee: io% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. P. VVHEREAS, the purpose of this Agreement is to set forth the terms under which City will hold back 71,707.00 of its $3o6,000.00 reimbursement obligation in lieu of requiring Developer to provide a separate warranty deposit in order to satisfy the financial security requirements of Condition loo. 19. NOW, THE EFO E, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, it 'is hereby agreed by and between the parties as follows: Agenda Item 8.f. Page 13 Agreement 1. Recitals The above recitals are true and correct and are hereby incorporated into this Agreement by this reference. . warranty a, warranty Amount. in accordance with Condition No. 139 of esolution No. 4225, Developer is required to place on deposit with City, a one Year Guarantee in favor of City in the amount of $271,707.00 to warranty all subdivision improvements associated with the Cherry Creek Project, prior to City's acceptance of the subdivision improvements. b. Hold Back. in lieu of a separate warranty deposit, City will hold back $271,707.00 of the $3o6,000.00 reimbursement obligation (the " 71,707.00 hold back security" ) upon Developer's completion of the drainage improvements and City's acceptance of the offsite Newsom Springs Drainage Improvements. In the event that the improvements referred to in paragraph 2(a) above, or any part of them, are defective as a result of defective materials or defective workmanship, City is hereby authorized to use any or all of the $ 2 71,707.00 hold back security to repair said improvements and pay all related costs, expenses and fees that City incurs, including, but not limited to, reasonable attorney's fees. City will pay Developer the remaining 73.,707.00 balance less repair and associated costs, if any, three hundred and sixty five 6 days after completion and acceptance of the subdivision improvements by City. C. Additional Hold Back. Certain required improvements of the Cherry Creek Project are not yet complete and the Developer wishes to post a cash bond to guarantee the completion. The four 4 required improvements remaining and their respective bond amounts are: i. M numentati n 7 monuments). $7,7 ii. Landscaping in the easement adjacent to Lot 29. $io,600.00 iii. Striping at the intersection of Branch Mill Rd and East Cherry Ave: $i.,000 iv. Reconstruction of the berm adjacent to Branch Hill d: $ The cost of these improvements totaling 1,800.00 will be withheld from the $3o6,000.00 reimbursement obligation in addition to the $271,707 warranty hold back security set forth in Section .b. above). City will pay Developer the additional hold back amount of $1.,800.00 at such time as all four 4 of the required improvements are complete. if Developer fails to complete the four 4 required improvements within six (6) months of the date of this Agreement, City shall have the right to construct said improvements and deduct the cost thereof from the additional hold back funds, and the balance of said funds shall be returned to Developer within thirty days of completion of the improvements. Agenda Item 8.f. Page 14 3 . Reimbursement Obli gation. This Agreement effectively modifies any obligation by City to pay developer the total $3o6,000.00 reimbursement amount upon completion and acceptance f the drainage improvements, pursuant to Condition No. 11.0, any related reimbursement agreement or any other agreement between the parties. 4. Governing This Agreement and the rights and obligations of the parties hereunder shall be governed and construed in accordance with the laws of the State of California. Venue for any dispute arising under this Agreement shall be in the courts in and for Los Angeles County, California. 5. Attorney's Fees. Should Borrower default in payment, Borrower shall pay all costs, expenses and all reasonable legal costs and fees incurred by Under, for the purpose of collection of the unpaid balance and including reasonable collection charges should collection be referred to a collection agency. These costs will be added to the outstanding principal and will become immediately due. 6. Srabilit If any part of this Agreement is contrary t, prohibited by, or deemed invalid under any applicable law of any jurisdiction, each provision shall, as to such jurisdiction, be inapplicable and deemed omitted-to the extent so contrary, prohibited or invalid, without invalidating the remainder hereof or affecting the validity or enforceability of such prevision in any other jurisdiction. 7. Counterparts This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument, and all signatures need not appear on the same counterpart. 8. Benefit of Agreement This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the parties and their respective successors in interest and permitted assigns; provided, however, that Borrower shall not assign or transfer any interest or delegate any duty hereunder without the prior written consent of Lender. r. c. Entire Agreement This Agreement embodies the entire agreement between Fender and Borrower and supersedes all prior agreements, representations and understandings, if any, relating to the subject muter hereof, but it may be modified by a written instrument executed by Under and Borrower. SIGNATURES TO FOLLOW ON N EXT FAGS 3 Agenda Item 8.f. Page 15 IN WrYNESS WHEREOF, the parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety. CITY OF ARROYO GRANDE: LICENSOR: Bv: .. Tony Ferrara, Mayor Hua na Development Company ATTEST: Its; Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney (Title) Agenda Item 8.f. Page 16 ATTACHMENT T AGRICULTURAL BUFFEF EASEMENT AND MAINTENANCE E A F EEMENT This Agricultural Buffer Easement and Maintenance Agreement "Agreement" is entered into on this day of 2011, by and between Hua nar Development Company, ar Californian Limited Liability Company "H C" and the City of Arroyo Grande, a municipal corporation "City" . RECITALS 1. WHEREAS, EAS, on November 28, 2006, the City Council approved Vesting Tentative Tract Map No. 2653 and Planned Unit Development 04-002 "Tract 2653" to ubdivide a nine (9) acre property into twenty eight 8 single family residential It, four open sparse lots and one 1 drainage lot; and 2. WHEREAS, on October 13, 2009, the City Council adopted Resolution No. 4225 in which it adopted reprised Conditions o Approval for Vesting Tentative Tract Map No. 2653; and 3. WHEREAS, EAS, sand Conditions of Approval include the following conditions and mitigations measures: (a) Condition No. 128. The Applicant shall dedicate the appropriate right of way for the extension of East Cherry Avenue as shown on the tentative reap. (b) Mitigation Measure No. 2.2. The final landscape plan for the agricultural buffer shall be prepared by a landscape professional having experience with designing agricultural buffers and shall be subject to the approval of the Community Development Director. The plant selection shall provide effective and appro screening with fast growing evergreen trees and shrubs. The vegetative screening shall be installed prior to issuance of any building permits in order to allow time for the plants to become established. The CC&Rs shall contain assurances that the screening is uffi ientl maintaine d. At a minimum, the CC&Rs shall include provisions for a fire -gear monitoring rng lan for the agricultural buffer landscaping. 4. WHEREAS, in order to satisfy Condition No. H C obtained quitclaim deeds in favor of the City from all property owners having an interest in the portion of East Cherry Avenue to be improved and dedicated to the City pursuant to the tentative map; and 5. WHEREAS, EAS, the extension of East Cherry Avenue as depicted on Tract 2653 deviates slightly from the description of the dirt roadway described in the quitclaim deeds due to the curvature of the extension; and 6. WHEREAS, EAS, East Cherry Avenue is adjacent to the agricultural buffer referred t o In Mitigation Measure No. 2.2; and 7. WHEREAS, EAS, when the City accepts the East Cherry Avenue extension, It will inadvertently acquire an interest in certain portions of the agricultural buffer due to the alignment of the extension; and 1 Agenda Item 8.f. Page 17 8. WHEREAS, the parties intend by this Agreement to remedy all potential consequences of the City's unintended acquisition of portions of the agricultural buffer. AGREEMENT T NOW, THEREFORE, F E, in consideration of the covenants and promises contained herein, the parties agree as follows: 1. The City will accept the dedication of the extension of East Cherry Avenue subject to the following conditions: (a) Grant f Easement. Subsequent t acceptance f the dedication, the City will grant t HDC, and HDC will accept, an agricultural buffer installation and maintenance easement in the sixteen 18 foot strip of land (the "Hiatus Parcel" ) described in Exhibit "A" and depicted in Exhibit "" attached hereto and incorporated herein by this reference that was a consequence of the above described alignment. (b) Maintenance Obligations. The Hiatus Parcel is located within the agricultural buffer and HCD and its successors shall be responsible for all maintenance obligations associated with the Hiatus Panel, including, but not limited t, the obligations imposed by Mitigation Measure 2.2. (c) Common Area. The Hiatus Parcel shall be characterized as "Common Area" and HCD and its successors shall abide by all CC& s applicable to common arrears, including, but not limited to, the maintenance provision requiring the Homeowner's Association to maintain and repair the agricultural buffer landscaping, including an annual inspection thereof fora minimum of five years. 2. Binding on Successors in Interest. All provisions of this Agreement shall be binding on the parties hereto and their heirs, assigns and successors in interest. 3. Attorney's Fees. If any legal proceeding arising out of or related to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing panty. SIGNATURES TO FOLLOW I NEXT T PAGE Agenda Item 8.f. Page 18 IN WITNESS WHEREOF, the panties hereto have executed this Agreement as of the dart' and year first written above. City of Arroyo Grande Huasna Development Company STEVEN ADAMS, City Manager ATTEST KELLY WETMORE, City Clerk APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney Agenda Item 8.f. Page 19 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.f. Page 20 INCORPORATED 0 imy to, to I 1 , Iq FOR MEMORANDUM To: CITY COUNCIL FROM: TERESA MCCLISH, DIRECTOR of COMMUNITY MUI ITY DE ELOPMENT SUBJECT: CONSIDERATION of DEVELOPMENT T CODE AMENDMENT 11-003; ADOPTION of ORDINANCE AMENDING REGULATIONS REGARDING TEMPORARY SIGNS; CITYWIDE IDE DATE: JUNE 28 2011 RECOMMENDATION: It is recommended that the City Council adopt an Ordinance amending portions of Chapter 16.60 of Title 16 of the Arroyo Grande Municipal Cod regarding temporary banners and signs. FINANCIAL IMPACT: No financial impact is projected. BACKGROUND: In .July 2009, at the Council's request, staff presented an analysis and the Council discussed regulations regarding temporary banners and signs. At the April 12 2011 meeting, City Council considered staffs recommendations and directed staff to draft an Ordinance for Planning Commission and City Council consideration to implement the proposed changes. The Architectural Review Committee ARC reviewed the proposed changes on May 2, 2011 and the Planning Commission reviewed the proposed changes on May 3, 2011. The City Council reviewed the proposed changes on May 24, 2011. After considerable discussion, and by a unanimous Grote, the item was continued so that staff could include the following in the proposed ordinance: 1. A 90 day grace period for sandwich board signs. This allows businesses with sandwich board signs to seek revision of their sign program to include a sandwich board sign with no fee. The grace period is reflected in the recitals of the proposed ordinance since it simply describes the enforcement strategy of the new code provision. 2. Criteria under the proposed regulations that sets forth approval of sandwich boa signs in the sign program, which include: Agenda Item 8.g. Page 1 CITY COUNCIL DEVELOPMENT CODE AMENDMENT 11 -003 JUNE 2 , 2 11 PAGE 2 . Cannot block doorway, access, or Americans with Disabilities access . Must be constructed from wood or plastic and have a professional app earance . Only one is allowed per business d. It cannot be located on any public right-of-way 3. Two options for the Ordinance — one that maintains current regulations regarding hand held signs and one that prohibits them from private property. 4. The Council directed staff to revise Table 16.60.040 -A and bring it back Inter in the year to clarify permanent sign age requirements. O ,dune 1, 2011, the City Council introduced the Ordinance incorporating the above provisions and omitting a section that modified regulations to prohibit all handheld signs. With the adoption of this Ordinance, handheld signs will continue to be allowed on private property. ANALYSIS of ISSUES: The goals of the recommendations were to establish lish regulations that: Are more clear; Balance the need to be "business friendly" with maintaining an attractive business environment; Are more feasible to enforce; and then Enforce them on a more proactive and consistent basis. The recommendations discussed below are reflected in the Ordinance. Window Signs The Ordinance includes the following provisions regarding window signs: Shall not exceed 20% of window area or twenty -four 2 square -feet, whichever is less per each street - facing window. . Banners The Ordinance includes the following provisions regarding banners: Shall not exceed twenty -four 2 square -feet. Shall be professionally printed on Vinyl or plastic. Shall be firmly attached to the building, below the roofline. Shall not be displayed for more than thirty 3 days in any ninety g day period (this is less than the -day time limit recommended by staff). Agenda Item 8.g. Page 2 CITY COUNCIL DEVELOPMENT CODE AMENDMENT 11 -003 JUNE 28, 2011 PAGE 3 Pennants Balloons and Ala The Ordinance includes the following provisions regarding pennants, balloons and flags: Shall not contain any tent or other advertising message. Shall not be displayed for more than three 3 days in any thirty 30 day period. Prohibited Tern ora Si ns The Ordinance includes the following provisions recommended by the Planning Commission and Architectural Review Committee ARC regarding prohibited temporary signs: Inflatable (including 1ylar ) or fan- powered signs. Sail or wing signs. Sandwich board signs, unless otherwise permitted under the provisions of Section 1 . g.g g of this Chapter. Portable Sicins ("Sandwich Board Sig -991 The Ordinance includes the following additional provisions to be added in Section 16.60.030.G for a portable sign that is approved as part of a sign permit: 0 Cannot block doorway, access, or Americans with Disabilities access 0 Must be constructed from wood or plastic and have a professional appearance 0 Only one is allowed per business 0 It cannot be located on any public right-of-way 0 Portable signs that are proposed for a store or restaurant located in shopping centers must be located immediately adjacent to that business. Portable signs are not proposed to be allowed as temporary signage due to the more permanent nature these signs and their placement. The Ordinance simply continues to allover these signs as part of the (permanent) sign permit process. Portable signs are allowed in most commercial areas of the City. Grace Period for Portable Si ns The Council directed staff to implement a -day enforcement grace period applicable for portable signs sandwich board signs.) Since there are many portable signs that have not been permitted, the grace period allows business owners to amend their sign permits, with no fees imposed, in order for staff to review proposed portable sign placement with the new criteria proposed in this Ordinance. usinessses with portable signs that meet the criteria will be notified of the grace period. Staff will continue to enforce provisions regarding portable signs that do not meet the criteria. Agenda Item 8.g. Page 3 CITY COUNCIL DEVELOPMENT CODE AMENDMENT '1'1 JUNE 28,2011 PAGE 4 Public Education and Enforcement If the Ordinance is adopted, it is proposed that a public education effort initially be implemented, which would include a letter from the Police Department to v ry business address. A draft copy o f the proposed lever is attached. The Neighborhood Services Technician gill patrol the commercial areas on a periodic basis and maintain a log o temporary signs that have been registered. Business owners will be contacted and provided a violation letter for banners not removed after 30 days. They will be requested to correct the violation within 72 hours, an accelerated time frame for voluntary compliance when compared to other types of code enforcement violations since there should be little work required to remove a temporary sign. Staff is also establishing a standardized citation process to pdit and compel compliance when voluntary means are unsuccessful. Sign Reg ti n for Temporary Si -q ns In order to provide businesses an opportunity to comply with the reprised sign ordinance and clarify current requirements, staff recommends implementing registration process for temporary banners. This will consist of a web-based registrar, as well as a registration by phone o in person. Banners and all other allured temporary signage can be registered so that time periods can be traded or verified if a complaint is received. ALTERNATIVES: ES: The following altern tiv are provided for City Council consideration: 1. Adopt the Ordinance; or 2. Modify re-introduce the Ordinance; o 3. Do not adopt the Ordinance; or 4. Provide direction to staff. ADVANTAGES: The Ordinance will establish a process that allows staff to monitor the display of temporary signs and clearly define the number, type and duration that temporary signs may legally be displayed. Stricter sign regulations gill improve the appearance of the City's commercial areas b y minimizing visual clutter. The grace period proposed to allow amendments to sign permits to include portable "sandwich board") signs should allow for an educational opportunity for the reprised sign code, as well as more consistency in enforcement for these types of signs. DISADVANTAGES: The Ordinance will initially require additional staff time to conduct public education and abate illegal temporary signs, particularly concerning time limits placed on temporary window signs. Enforcement of the proposed provisions, particularly those related to time limits for temporary signs, prohibition of sandwich board signs (unless permitted in accordance with Municipal Code Section 16.60.040) and prohibition of Agenda Item 8.g. Page 4 CITY COUNCIL DEVELOPMENT CODE AMENDMENT 11 -003 JUNE , 11 PAGE 5 sail or wing signs will likely result in complaints from business o wners. The proposed provisions only partially reflect the input provided by the Chamber of Commerce, which may negatively impact the ability to seek voluntary compliance. Additionally, time limits on window signs will be difficult to enforce. ENVIRONMENTAL REVIEW: 1IE11 : In accordance with the California Environmental Quality Act CE Guidelines, staff has determined that the Ordinance is categorically exe per Section 15308 of the Guidelines (Actions by Regulatory Agencies for Protection of the Environment). PUBLIC NOTIFICATION AND COMMENTS: An Ordinance Summary was published in The Tribune on Tuesday, .June 21, 2011 pursuant to State Laver. The agenda was posted in front of City Hall on Thursday, J u ne 23, 2011 and on the City's website on Friday, .June 24 , 2011. Attachment 1 . Proposed business letter Agenda Item 8.g. Page 5 ATTACHMENT 1 June 29, 2011 Dear Business Owner: The Arroyo Grande Police Department is requesting your assistance with the enforcement of the City's regulations regarding temporary banners and signs. The City has received numerous complaints regarding illegal temporary business banners and signs, as well as input from business owners regarding the need for these signs. As a result, the City has gored hard to be responsive and to balance these conflicting interests. To assist those wanting to utilize temporary signs, the City Council has adopted an Ordinance that increases the flexibility of its sign regulations to better meet the needs of local businesses{ It both simplifies the regulations and increases the time businesses may display temporary banners. To be responsive to those opposing the proliferation of temporary signs, the City has established a more consistent, fair and effective enforcement process. The purpose of this letter is to ensure all businesses are familiar with the new r regulations. They will take effect on July 29, 2011. Your voluntary compliance will help provide a more attractive commercial environment, reduce City enforcement costs, and avoid costly enforcement actions. It will also help you prevent expenditures on signs that cannot be utilized. Attached is a summary of the updated regulations. Please note provisions regarding the registration of temporary banners and a 90-day grace period for application to allow a sandwich board sign under your sign permit with no fee. If you have any questions regarding the regulations, please contact the Community Development i e artment at 473-5420. The City greatly values your business and wants you to be successful. Therefore, it is attempting to address these issues through a cooperative and collaborative manner. Thank you. Sincerely, Steven Annibali Chief of Police attachment Agenda Item 8.g. Page 6 CITY OF C �4 L I I a it Ap l4 CITY OF ARROYO GRANDE TEMPORARY SIGN REGULATIONS Banners • Each business may display one temporary banner up to days in any 90 day period. • Banners may not exceed twenty -four square -feet. • Banners must be professionally printed on vinyl or plastic. • Banners must be firmly attached to the building, below the rooffine. • Banners must be registered with the City prior to installation. To make it a co nvenient as possible, businesses may register banners in person o by mail at City Hall - 300 East Branch Street, by phone to City Half at 473 -5450, or by e-mail at signse,arrovogrande.org Simply provide the following information: Business name Contact name, address, phone and e-mail address; and Date banner will be installed. Pennants, Balloons and Flays • Each business may display pennants, balloons and flags up to days in any day period. • Pennants, balloons and flags may not contain any text o other advertising. Hand Held Signs Hand held signs are allowed on private property only. Hand held signs may be displayed only on the property of the business being advertised. Hand held signs are prohibited on public property. Sandwich Board Si _qns 0 Businesses may display a maximum of one sandwich board sign on their property only if approved as part o f the sign permit for the business. • Sandwich board signs may not block doorways or otherwise interfere with the Americans with Disabilities Act (A DA) o other access. • Sandwich board signs must be constructed from wood o plastic and have a professional appearance. 0 Sandwich board signs may not be located on any public right-of-way. • Sandwich board signs that are proposed for a store or restaurant located in shopping centers must be located immediately adjacent to that business. • The City has instituted a 6-month grace period when businesses may apply t include sandwich board signs in their sign permit with no permit fee. Existing sandwich board signs in violation of any of the provisions outlined above will be enforced during this period. Prohibited Temporary Signs • Inflatable (incl Mylar ) oo fan - powered signs • Sail or wing signs Agenda Item 8.g. Page 7 ORDINANCE N. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 16.60 OF TITLE 1 F THE ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS AND SIGNS WHEREAS, the purpose of the City's sign regulations is to protect the h r t r, duality of life, and economic health of the city by maintaining the suitability and appropriateness of allowed signs in a manner th t benefits the public and minimizing visual clutter; and WHEREAS, EAS, th City has determined that use of temporary signs are suitable and appropriate to dv rti business activities under certain limitations and requirements; and WHEREAS, EAS, temporary signs are exe mpted from the dmini tr tiv sign permit, administrative sign program and planned sign program requirements subject to certain limitations and requirements; and WHEREAS, EAS, after consideration of all testimony and all relevant vid n , the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed c hanges to Chapter 16.60 will help allow temporary signs that are limited to those appropriate and suitable to protect the character, quality of life and economic filth of the City. B. The proposed changes to Chapter 16.60 will not adversely affect the public health, safety, and welfare. C. The proposed changes to Chapter 16.60 are consistent with the purpose and intent of Title 16, satisfies the intent of Chapter 16.60 of the Municipal Code and provides for internal consistency. D. As disclosed in the Negative Declaration, the potential environmental impacts of the proposed changes to Chapter 16.60 are insignificant. NIA, THEREFORE, BE IT ORDAINED by the City Council of the City o Arroyo Grande as follows: SECTION 1 : The above recitals and findings are true and correct and incorporated herein this reference. SECTION : Arroyo Grande Municipal Code Subsection 16.60.050. A. is hereby repealed and replaced in its entirety as follows: A. Temporary banners, decorations and searchlights in accordance with the following provisions. 1 . Banners Agenda Item 8.g. Page 8 ORDINANCE 1 . PAGE a. Shall not exceed twenty -four 2 square -feet. b. Shall be professionally printed on vinyl or plastic. C. Shall be firmly attached to the building, below the roofline. d. Shall be registered with the Community v l pm nt Department prior to display. . Shall not be displayed for m than thirty 3 days in any ninety (90) day period. 2. Pennants, Balloons and Flags a. Shall not contain any text o other advertising message. b. Shall not be displayed for m than three 3 days in any thirty (30) day period. 3. Searchlights ar. Shall be directed upwards into the sky and not at any point on land. b. Shall not be displayed for more than three 3 days in any thirty (30 day period. Section : Arroyo Grande Municipal Code Subsection 16.60.050. B. is hereby amended as follows: B. Permanent window signs provided that all of the following are met: 1. The total area o f such signs does not exceed twenty 2 percent of the window area. 2. The sign is no greater than twenty -four 2 square -feet. 3. Signage is limited to street-facing windows. Section : Arroyo Grande Municipal Code Subsection 16.60.060,0. is hereby amended as follows 0. Saril or gyring signs. Section : Arroyo Grande Municipal Code Subsection 16.60.030.E i hereby amended as follows: E. Accessory Signs. Signs that advertise products sold o services provided on the premises, such as beer signs o an automated teller machine (ATM) signs, shall be considered accessory signs and do not count t the permitted signage listed in Table 16.60.040-A if they are restricted to ten 1 percent o less of the wall area on which it is placed. Accessory signs between ten 1 and twenty (20 percent of the wall area can be allowed with a recommendation from the architectural review committee, however areas greater than ten 1 percent shall be considered toward total permitted sign area. The design, number, location and size of accessory signs shall be reviewed and ap proved as part of an administrative sign permit, administrative sign program, or planned sign program by the architectural review committee if the following findings are made: Agenda Item 8.g. Page 9 ORDINANCE No. PAGE 3 1. The proposed general design, arrangement, texture, colors, and lighting placement are consistent with the purposes and regulations of this chapter and any applicable design guidelines; and 2. The appropriateness of the proposed accessory signs are compactible with other signs and other structures on the premises and contiguous area and do not exceed twenty percent of the WO ' w eF wall area on which they are placed. Section : Arroyo Grande Municipal Code Subsection 16.60.030.G i hereby added as follows: G. Portable Signs "Sandwich Board Signs" that are allowed per Section 16.60.040, Table 16.60.040. A., must meet the following criteria: 1. Portable Signs cannot block doorway, access, or Americans with Disabilities access. 2. Portable Signs must be constructed from wood or plastic and have a professional appearance. 3. Only one portable sign is allowed per business. 4. Portable signs cannot be located on any public right -of -way. 5. Portable signs that are proposed for a store or restaurant located in shopping centers must be located immediately adjacent to that business. Section : If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence or clause be declared unconstitutional. Section : Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption. Section : A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the furl text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen 1 days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. Section 10: This Ordinance shall take effect thirty days from the dame of adoption. Agenda Item 8.g. Page 10 ORDINANCE CVO. PAGE On motion of Council Member following roil call Grote to it: , seconded by Council Member AYES: NOES: ABSENT: The foregoing Ordinance was adopted this day of July, 2011. , and on the Agenda Item 8.g. Page 11 ORDINANCE N . PAGE TONY FER AF A, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY NEY Agenda Item 8.g. Page 12 A INCORPORATES JULY 10, ,ew 1 IF 0 MEMORANDUM To: CITY COUNCIL. FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION of CONSULTANT SERVICES AGREEMENT WITH THE WALLACE GROUP DATE: JUNE 2 , 2 11 RECOMMENDATION: It is recommended the Council approve and authorize the Mayor to execute n updated Agreement with the Wallace Group for engineering services. FINANCIAL. IMPACT: Funds budgeted for consultant services in the Engineering Division for FY 2011-12 include $88,000. However, additional expenditures may be charged to individual project budgets for project management tasks. Wallace Group expenditures in FY 2011 -12 are projected to be approximately $175,000. However, this includes special project work, including oversight and design work associated with Newsom Springs drainage improvements, Castillo Del Mar extension design, water recycling study, and project management of El Camino Real reconstruction, Hest Branch resurfacing, Crown Hill sidewalks, Elm Street restriping, Tally Ho sidewalks, and other capital projects. Of this amount, approximately $40,000 was associated with ongoing engineering assistance unrelated to specific special projects. BACKGROUND: The City has an ongoing Agreement with the Wallace Group to provide engineering services as necessary as requested by the Community Development Director or City Manager on a retainer basis, The Agreement was last updated in October 2002. Since the City has limited full -time engineering staff, the Agreement enables the City to have access to personnel with a wide range of engineering expertise on an as needed basis. Primary use of the Wallace Group under this Agreement includes the following: Agenda Item 8.h. Page 1 cirY COUNCIL CONSIDERATION OF CONSULTANT SERVICES AGREEMENT WITH THE WALLACE GROUP JUNE 28 2011 PAGE 2 Assistance in managing the capital improvement program and individual projects; Assistance in obtaining and administering State, Federal and regional grants for capital projects; Preparation of engineering studies when needed on a timely basis to address issues involving public o private development projects; Plan review involving specialized technical issues when workload a ceeds available staff, when staff is on leave o positions are vacant. Prepare legal descriptions and sign off on final naps since they have the necessary land survey credentials. The City maintains a list of qualified engineering firms and prop are solicited for any projects that involve larger design o other engineering studies. A separate A greement is established for any such studies o projects when the Wallace Group is selected i.e. the Recycled Water Study. For the past fear years, staff has attempted to utilize a Variety o f engineering firms for available work. Recent major projects, such as Well #10, West Branch Street reconstruction, and El Camino Real Rehabilitation, n, have all been designed by different firms other than The Wallace Group. The Wallace Group staff is not used to manage the selection process o n any contracts that they submit prop on. ANALYSIS OF ISSUES Since the Agreement was last updated, the standard Consultant Services Agreement has been modified. In addition, the scope of work has been adjusted and contract administration falls under the Community D evelopment Director rather than the former Public Works Director. As a result, it is appropriate to update the Agreement at this time to address these changes. They have not increased fees since 2008 and are not requesting any adjustment for the upcoming gear. Staff has compared rates with other engineering firms the City contracts with and The Wallace Group rates are competitive — either c or less. Interest has been expressed in issuing a Request for Proposal ( R FP) for these services to provide an opportunity for other firms to submit proposals. Unless directed otherwise by the City Council, staff will prepare to do this in approximately sic months. It would be detrimental at this time since the Community Development Department currently has two Vacancies. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendations; Agenda Item 8.h. Page 2 CITY COUNCIL CONSIDERATION of CONSULTANT T SER ICES AGREEMENT WITH THE WALLACE GROUP ,JUNE 28 2011 PAGE 2. Approve the Agreement, but direct staff to not issue an F FP in the next six months; 3. Direct staff to issue an F FP immediately; or 4. Provide other direction to staff . ADVANTAGES: Approval of staff s recommendations will update this Agreement, will continue to provide availability of a broad range of engineering expertise on a timely basis, and enables the City to maintain limited engineering staff on a full - time salaried basis. It is cost efficient for the City because services are readily available, but can be adjusted based upon workload at any given time. DISADVANTAGES: No disadvantages regarding the presentation have been identified. ENVIRONMENTAL RE 1IE 11: No environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, June 23 2011 and on the City's website on Friday, June 24 2011. Attachments: 1. Consultant Services Agreement Agenda Item 8.h. Page 3 AGREEMENT T FOR CONSULTANT SERVICES THIS AGREEMENT is made and effective as of Wallace Group "Consultant ", and the CITY of ARROYO Corporation ("City"). In consideration of the mutual covenants herein, the parties agree as follows. 1. TERM 2011, between The GRANDE, a Municipal and conditions set forth This Agreement shall commence on , 2011 and shall remain and continue in effect until , 2011, unless sooner te pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in Exhibit " ", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his /her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION City's Community Development Director shall represent City in all matters pertaining to the administration of this Agreement. John Wallace and Jill Peterson shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Exhibit "E ", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION of AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by searing upon the Consultant at least ten 10 days prior written notice. lion receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 1 Agenda Item 8.h. Page 4 (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: ( a) Bankruptcy or insolvency of any party; ( b) Sale of Consultant's business; or ( c) Assignment of this Agreement by Consultant without the consent of City. ( d) End of the Agreement term specified In Section 1. 8. DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date o f default and can terminate this Agreement immediately by wri ten notice to the Consultant. if such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control and without fault or negligence of the Consultant, it shall not be considered a default. ( b) If the City Manager or his /her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he /she shall cause to be seared upon the Consultant a written notice of the default. The Consultant shall have ten (1 0) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant falls to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at lair, in equity or under this Agreement. gf LAWS TO BE OBSERVED. Consultant shall; ( a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the dine and la wful prosecution of the services to be performed by Consultant under this Agreement; (b) Deep itself fully informed of all existing and proposed federal, state and local lags, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's Page Agenda Item 8.h. Page 5 performance under this Agreement, or the conduct of the services under this Agreement; ( c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; ( d) Immediately report to the discrepancy or inconsistency it discovers it and decrees mentioned above in relation provisions of this Agreement. City's Contract Manager in writing any said laws, ord inances, regulations, orders, to any plans, drawings, specifications, or (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP of DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such boobs and records; shall give City the right to examine and audit said boobs and records; shall permit City to male transcripts therefrom as necessary; and shall allow inspection of all wort # data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment. ( b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surreys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall male available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION FOR PROFESSIONAL AL LIABILITY. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials., employees and agents "Indemnified Parties" from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page Agenda Item 8.h. Page 6 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times he under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. ( b) No employee benefits shall he available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not he liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to he conducted as a result of this Agreement. Violation of this Section shall he a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. No BENEFIT To ARISE To LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to he performed in connection with the project performed under this Agreement. Page Agenda Item 8.h. Page 7 1 . RELEASE OF INFORMATION/CON of INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall net without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, lefters of support, testimony at depositions, response to interrogatories, or ether information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary's provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subContracters be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to revie w any such response does not imply or mean the right by City to control, direct, or rewrite said response. 1. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by l personal service, it delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth belo w or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Teresa McClish Community Development Director 300 E. Branch Street Arroyo Grande, CA 93420 To Consultant. John Wallace The Wallace Group 12 Clarion Court San Luis Obispo, CA 93401 Page Agenda Item 8.h. Page 8 1. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING NING LAVA The City and Consultant understand and agree that the laws o f the State of California shall govern the rights,, obligations,, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT irhis Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, o r written, are merged into this Agreement and shall he of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Consultant agree that time is o the essence in this Agreement. 22. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to he resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 23. AMENDMENTS Amendments to this Agreement shall he in writing and shall he made only with the mutual written consent of all of the parties to this Agreement. Page Agenda Item 8.h. Page 9 2 . AUTHORITY TO EXECUTE THIS AGREEMENT EEMENT The person o persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, F, the parties hereto have caused this Agreement to be executed the day and year first a written. CITY OF ARROYO A DE CONSULTANT I M302 Tony Ferrara, May Attest: Its: Kelly Wetmore, City Clerk Approved A s To Form: Timothy J. Carmel, City Attorney Page (Title) Agenda Item 8.h. Page 10 EXHIBIT A SCOPE OF WORK Consultant's services shall include engineering services as requested and authorized by the City's representative, including, but not limited to, the following 1. Management of capital improvement projects; 2. Preparation o f applications for.. and administration of, State, Federal and regional grants for capital projects; 3. Engineering studies on City and private development project issues; 4. Engineering plan review; 5. Preparation o f design, plans and evaluation o projects; 6. Preparation of legal descriptions and sign off on final maps; and 7. Other engineering services as requested by City and mutually agreeable to both parties. Page 8 Agenda Item 8.h. Page 11 CVUIDIT D PAYMENT SCHEDULE Consultant shall invoice City on a monthly basis for work performed based upon the following rates: Personnel Hourly Compensation: 0 Principal $100.00 • Principal Civil Engineer /Director of Planning /Director o f Survey $80-00 - $90-00 0 Civil Engineer /Senior Civil Engineer $ $70.00 - $85-00 Direct Expenses: Reimbursement ement f direct expenses incurred in connection with the project scope of work will be invoiced to the City. A handling charge o f 10% may be added to the direct expenses listed below. Direct expenses include, but are not limited to, the following: • Travel expenses (aut m bile l dging meals) • Professional subconsultants • County /City fees 0 Document copies • Long distance teleph ne fa 0 Postage /delivery service Special materials Blueprints Photographs Page Agenda Item 8.h. Page 12 FXHIRIT INSURANCE REQUIREMENTS Prior to the beginning or and throughout the duration or the fork, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coy er ge to comply with these requirements. If that existing cover-age does not meet the requirements set forth Mere, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage ge and policy limits set forth in this section constitute the minimum amount or coverage required. Any insurance proceeds available to City in excess or the limits and coverage re quired in this agreement and which is applicable to a given loss, will be available to City. Consultant shag provide the following types and amounts or insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG gg 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than 1,000,000 per accident or disease. Excess or Umbrella Liability insurance (O Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pair on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Page 10 Agenda Item 8.h. Page 13 Consultant, subcontractors or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to revie w but in no event less than $1,000,000 per occurre Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be wrf en by insurer that are admiffed car iers in the state California and with an A. M. Bests rating of A- or be er and a minimum rinancial size V11. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement N o. CG 2010 Frith an edition prior to 1332. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the appka i n of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant o subcontractor. Page 11 Agenda Item 8.h. Page 14 6 . All coverage types and limits required are subject to approval, modification and additional requirements b y the City, as the need arises. Consultant shall not male any reductions in scope of coverage e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests und this or any other agreement and to pay the premium. Any premium s o paid by City shall be charged to and promptly paid by Consultant or deducted from Burns due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail w ritten notice of cancellation imposes no obligation, or that any party will 99 endeavor" ( opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided b y Consultant or any subContractor, is intended to apply fiat and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and revie w all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention must be declared to the City. At the time the City shall revie w options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. Page 12 Agenda Item 8.h. Page 15 12. The City reserves the right at any time during the terra of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirements in no gray imposes any additional obligations on City nor does it waive any rights hereunder in this or any ether regard. 18. Consultant will renew the required coverage annually as long as City, or its employees or - agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been reneged or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall he s ubmitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within fire days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such lavers with respect to City, its employees, officials and agents. 18. Requirements uirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. Page 13 Agenda Item 8.h. Page 16 2. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City o Consultant for the cast of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or Ions against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim o claims if they are likely to involve City. Page 1 Agenda Item 8.h. Page 17 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.h. Page 18 R IN ORPORATm rn JULY 1 0 1 1 011 MEMORANDUM 440 T* CITY COUNCIL FROM: TIMOTHY J. CARMEL_, CITY ATTORNE SUBJECT: CONSIDERATION OF CITY MANAGER EMPLOYMENT AGREEMENT DATE: JUNE 28 2011 RECOMMENDATION: It is recommended the City Council approve a new City Manager Employment Ag reement. FINANCIAL IMPACT: The savings of adjustments to all employees is estimated to be appro $4 10,000. This is based upon the % Cost of Living Adjustment already incorporated into the budget projections. B ACKGROUND: The City Manager's Employment Ag reement was last ame nded in Novem 200 when the last compensation adjustment was applied. The City Manager has requested the same compensation concessions proposed to other City employees also be applied to his position. ANALYSIS O ISSUES: The City is facing a budget shortfall of approximately 0,000 for FY 2011 At the last budget workshop, the City Council approved addressing approximately $350,000 through reserves and the remainder from employee concessions under negotiation with the City's unions. These negotiations are nearing completion. The following changes are proposed to the City tanager's compensation which will result in a net savings and implement important reforms in the City's retirement benefit system 4. Agenda Item 8.i. Page 1 CITY COUNCIL CITY MANAGER EMPLOYMENT AGREEMENT JUNE 28 2011 PAGE % Cost of Luring Adjustment (COLA); Payment of an additional 4 .5% o f the % employee share o f PEES costs for a total o f %; Non -paid furlough days on December 27 28 and 29 th . ALTERNATIVES: ES: The following alternative are provided for the Council's consideration: Approve amended Employment Agreement; - Modify as appropriate and approve Employment Agreement; Do not approve the Employment Agreement; - Provide direction t staff. ADVANTAGES: Approval of the proposed compensation changes will result in important cost savings, which will help reduce the need for further layoffs and reduction in s ervice levels. The City Manager has expressed the importance of leading by example in order t o demonstrate a commitment to a team approach in resolving the budget shortfall. DISADVANTAGES: Adjustments place the City Manager's compensation level further behind the market range in comparison to other cities in the County. ENVIRONMENTAL REVIEW: IE1 : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, .dune 23, 2011 and on the City's web site on Friday, ,dune 24, 2011. No comments were received - Aftachments: - Employment Agreement Agenda Item 8.i. Page 2 EMPLOYMENT YMES T A FLEET TES T THIS AGREEMENT, EEMENT, made and entered into this 29th day of June, 2011, by and bet ween the CITY OF ARROYO FADE, a municipal corporation of the State of California (the "City"), and STEVEN DUAL E ADAMS, an individual (the "Employee"), both of whom understand as follows: WITS ESSETH; WHEREAS, City desires to continue to employ the s ervices o f Employee as the City Manager provided by State law and the Arroyo Grande Municipal Code; and WHEREAS, it is the desire o f City to establish certain conditions of employment and to set working conditions of Employee; and WHEREAS, EAS, it is the desire o f City to ar secure and retain Employee and to provide inducement for hirer to remain in such employment; b to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; c to act as a deterrent against malfeasance or dishonesty for personal gain on the pant of Employee; d to provide a just means for terminating Employee's services at such time as he may be unable to fully discharge his duties or when City may desire to therwi e terminate his employment; and WHEREAS, Employee desires to continue employment as City Manager of City; and WHEREAS, this Agreement shall supersede and replace the previous Employment Agreement between the par dated November 27, 2007. NOW, THEREFORE, F E, in consideration of the mutual covenants herein contained, the panties agree as follows: r-finn '1- Term_ A. City hereby agrees to continue to employ Employee as City Manager for an indefinite te . B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to the provision set forth in Section 5, Paragraph A., of this Agreement. Agenda Item 8.i. Page 3 EMPLOYMENT AGREEMENT — STEVEN D. ADAMS PAGE C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, with or without good cause, subject only to the provisions set forth in Section 5, Paragraphs B. and C., of this Agreement. D. Except as otherwise specified herein, Employee agrees to remain in the exclusive employment of City and not become mploy d by any other employer until a termination date is effected as hereinafter provided. Section * Duties City hereby agrees to employ Employee as City Manager to perform the functions and duties specified in the Arroyo Grande Municipal Code and as provided by State and Federal lave and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section : Salary City agrees to pay Employee for his services rendered pursuant hereto a annual base salary of $142,058, payable in equal installments at the same time as other employees of City are paid. Section 4: Furloughs.. The following days shall be non -paid furlough days for e mployee: A. December 2 , 2011 B. December 2 , 2011 C. December 29, 2011 Employee is not eligible to use sick, vacation, compensatory time pay, personal days, b jury duty or other paid leave during these days. City agrees to increase the base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do c on the basis of annual performance evaluation which shall occur no later than the end of O ctob e r of each year. - rhe performance evaluation shall be in accord with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted a s the City Council may from time to time determine in consultation with Employee. Agenda Item 8.i. Page 4 EMPLOYMENT A FEE IE IT — STEVEN . ADAMS PAGE Section 6, F e ianati n and Termination A. In the event Employee voluntarily resigns his position with City, Employee shall give City forty-five days written notice in advance, unless the parties otherwise agree. Should Employee fail to give such period of notice, then Employee shall pay to City as liquidated damages the sum o $40 per wo rking day for the difference between the number of actual days o prior notice and forty -five days. B. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay Employee a lump sum cash payment equal to six (6) months salary and benefits (limited to the following: PES, Medical, Dental, and Vision). In the event Employee is terminated for good cause, then City shall have no obligation to pay the sum designated in this paragraph. For the purpose of this Agreement, "good cause" shall include, but not necessarily be limited t, any of the following: (1) A material breach of the terms of this Agreement; (2) Misfeasance; (3) Malfeasance; (4) A failure to perform his duties in a professional and responsible manner consistent with generally accepted standards of the profession; (5) Conduct unbecoming the position of City Manager or likely to bring discredit or embarrassment to City. "Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. C. In the event City at any time during this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all employees of City, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, o Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be Agenda Item 8.i. Page 5 EMPLOYMENT AGREEMENT — STEVEN D. ADAMS PAGE "terminated" at the dame of such reduction or such refusal to comply, within the meaning and context of Paragraph B. above. Section . outside Professional Activities Employee, with prior written approval of the City Council, may undertake outside professional activities for c ompensation, including consulting teaching, spearing, and writing provided such activities do not interfere with Employee's normal duties and are not done with any existing vendors or contractors of City. Under no circumstances shall such outside activities c reate a conflict of interest with the duties of Employee and the interests of City. Section : suspension City may suspend Employee with full pay and benefits at any time during the term of this Agreement. Section : Fringe Benefits City shall pay the Employee's cost for fringe benefits, including cost for dependents where applicable. Fringe benefits shall include, but not be limited to median, dental, vision, life insurance, long -term disability, deferred compensation, and participation in the Public Employees Retirement System PERS . Employee shall pay seven of the eight percent of the employee shame of PERS costs. ar -firm in- Anniini 1 a ura Employee shall be subject to the "Annual Leave" provisions of the City Personnel Regulations (Section I1.A. 1. ) with the following modifications: Employee shall accumulate Annual Leave at ar rate as designated in Section II.A.l .ar. . of the City Personnel Regulations. Section 11: Automobile Employee shall provide his own automobile. City shall provide Employee a $400 monthly automobile allowance. Employee shall receive no reimbursement for travel mileage within a fifty o mile radius of City; for any required City travel mileage outside the fifty o mile radius, Employee shall be reimbursed for mileage at the rate as set forth by the City Council. Section 12: Phvsical Examination Employee may receive an annual physical examination at City's expense. Agenda Item 8.i. Page 6 EMPLOYMENT AG EEMENT — STEVEN D. ADAMS PAGE Section 1: Otter Terms and Conditions of Employment City, in consultation with Employee, shall fix, in writing, any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with o in conflict with the provisions o f this Agreement, the Arroyo Grande Municipal Code, o r any appli State o r Federal law. _q&o%finn 4A- Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: EMPLOYER: City o Arroyo Gra nde Attn: City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 EMPLOYEE: Ste v n D. Adams 1 537 Chilton Street Arroyo Grande, CA 93420 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as f the date o personal service or as f the date of deposit of such written notice in the course o f transmission in the United Starter Postal Service. The tent herein shall constitute the entire agreement between the parties. Any amendments to this Agreement must be in writing and executed by both parties. This Agreement shall be binding upon and inure to the benefit o f the heirs at law and executors o f Employee. This Agreement shall become effective commencing June 29, 2011. If any provision, o any portion thereof, contained in this Agreement is held unconstitutional, invalid, o unenforceable, the remainder o f this Agreement, o portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Agenda Item 8.1i. Page 7 EMPLOYMENT AGREEMENT — STEVEN D. ADAMS PAGE IN WITNESS WHEREOF, F, the City o Arroyo Grande has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYEE: B: ATTEST: KELLY 1ET 1 E CITE' CLERK APPROVED AS TO FORM: CARMEL & NACCASHA, LLP B: TIMOTHY J. CARMEL CITY ATTORNEY STEVEN D. ADAMS EMPLOYER: CITY OF ARROYO GRANDE TONY FERRARA, MAYOR Agenda Item 8.i. Page 8 RO INCORPORATED JULY ,°. 1911 ' MEMORANDUM 4 1-IFo TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF SALARY AND BENEFIT ADJUSTMENTS FOR MANAGEMENT EMPLOYEES DATE: JUNE 28 2011 RECOMMENDATION: It is recommended the City Council adopt the attached resolution modifying salary and benefits for management employees for FY 2011 -12. FINANCIAL IMPACT: The savings of adjustments to all employees is estimated to be approximatel $410,000. This is based upon the and 4.5% Cost of Living Adjustment already incorporated into the budget projections. BACKGROUND: Management compensation is reviewed on an annual basis and adjustments are normally recommended In conjunction with the annual budget process. The City's current salary and classification system was structured based on a compensation and classification study completed by Ralph h Andersen & Associates in September 1997. As noted in the study, the goals of the City's compensation plan are to; Ensure that the City has the ability to attract and retain Drell- qualified personnel for all job classes; • Ensure that the City's compensation practices are competitive with those of comparable employers; Provide defensibility to City salary ranges based on the pay practices of similar employers; and Ensure pay consistency and equity among related classes based on the duties and responsibilities assumed. Agenda Item 8.j. Page 1 CITY COUNCIL MANAGEMENT SALARY AND BENEFIT ADJUSTMENTS JUNE 2 , 2011 PAGE 2 At the March 24, 2011 Budget Workshop, the City Council approved strategies to address the projected budget shortfall. Strategies included a combination of use of reserves and employee concessions. ANALYSIS of ISSUES +Che most significant portion of the budget shortfall is associated with an increase in City employee pension costs. in order to address future, as well as current budget shortfall issues, reform of City retirement benefit costs was aw primary goal of negotiations with employee unions. Since concessions are a primary strategy in addressing the existing budget shortfall, it was also a priority to establish them so they impacted employee groups fairly and equitably throughout the organization. The following key changes are proposed to management compensation, which will result in a net savings to the City and reform of the retirement benefit system: 4 .5% Cost of Living Adjustment (COLA) for full -tire s worn public safety management employees and % COLA for all other full -time management employees. Full -time public safety s worn management employees will pay an additional 6.5% of CaIPERS retirement benefit costs and all other management employees will pair an additional 4.5%. • A two- tiered CalPE S retirement system will be implemented so all non -s worn management newly hired employees will be in the 2% @ 55 plan with three -year average highest compensation. A to- tiered system for sworn employees is still under negotiation with the Police Officers' Association. All full -time management employees other than full -time public safety s worn will have non -paid furlough days on December 27 th9 28 , and 29 2011, ALTERNATIVES: The following alternatives are provided for the Council's consideration: Adopt resolution approving the proposed salary and benefit adjustments; Modify as appropriate and adopt the resolution; Do not adopt the resolution; Provide direction to staff. ADVANTAGES: Approval of the proposed compensation changes will result in important cost savings, which will help reduce the need for further layoffs and reduction in service levels. Involvement of the management group in these changes also helps make possible Agenda Item 8.j. Page 2 CITY COUNCIL MANAGEMENT SALARY AND BENEFIT ADJUSTMENTS JUNE 289 2011 PAGE agreement with other labor groups for similar adjustments, which generate additional savings to the City. DISADVANTAGES: Adjustments may negatively impact employee relations. However, based on discussions with staff and the fact that all labor groups are impacted equally, management staff have been generally accepting of the recommendations. ENVIRONMENTAL REVIEW: IEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: MENTS: The Agenda was posted in front of City Hall on Thursday, June 23, 2011 and on the City's website on Friday, June 24,2011. No comments were received. Agenda Item 8.j. Page 3 RESOLUTION NO. A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE MODIFYING COMPENSATION FOR MANAGEMENT EMPLOYEES FOR FY 2011 -12 WHEREAS, the City Council of the City of Arroyo Grande "City" deems it in the best interest of the City that compensation for management employees be adjusted as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. All full -time sworn public safety management classifications shall receive a salary Cost of Living Adjustment (COLA) of 4.5% and all other full -tune management classifications shall receive a salary COLA of 4% to be effective for the pay period beginning June 24, 2011. salary ranges for management classifications shall be adjusted as designated in Exhibit "A" attached hereto and incorporated herein by this reference. 2. For the period of July 1, 2011 through December 31, 2011, the flex dollar allowance for medical, dental, and vision insurance shall be $588.78 with respect to an employee enrolled for self alone, $1,081.62 for an employee enrolled for self and one family member, and $1,385.80 for any employee enrolled for self and two or more family members. For the period of January 1, 2012 through June 30, 2012, the City will pay the prior flex dollar amount plus 100 of the increased cost in dental and vision insurance and the lowest cost HMO available through PERS in San Luis Obispo County. 3. The following days shall be non -paid furlough days for al) management employees, except for specified public safety classifications: a. December 2, 2011 b. December 28, 2011 C. December 29, 2011 Exempted classifications include the following: a. Chief of Police b. Police Commander Agenda Item 8.j. Page 4 RESOLUTION NO. PAGE 2 4. Employees are not eligible to use sick, vacation, compensatory time pay, personal days, bereavement, jury duty or other paid leave during these days. Employees in positions performing functions determined necessary during this period as authorized by the City Manager shall work their normal shift and instead tale three (3) consecutive non -paid furlough days between July 1, 2011 and dune 30, 2012. 5. Employees in full -time sworn public safety management classifications hired after October 1, 2011 shall be enrolled in the Cal PERS 3% a@ 55 retirement benefit plan, 3 -gear average highest compensation, contingent upon execution of this change with the Arroyo Grande Police Officers Association. Employees in all other full -time management classifications hired after October 1, 2011 shall be enrolled in the CaIPEI S 2% a@ 55 retirement benefit plan, 3 -gear average highest compensation, and shall pay the full % employee share. 6. Employees in full -time sworn public safety management classifications shall pay the full nine percent employee share of CalPERS retirement benefit costs effective July 22, 2011, contingent upon execution of this change with the Arroyo Grande Police Officers' Association. All other management classifications shall pay seven of the eight percent employee share of Cal PERS retirement benefit costs effective the pay period beginning July 22, 2011. 7. All other current management employee salary and benefit terms and conditions shall remain in full force and effect. On motion of Council Member seconded by Council Member and on the following roll call vote, to grit: AIDES: NOES: ABSENT: the foregoing Resolution was passel and adopted this day of , 2011. Agenda Item 8.j. Page 5 RESOLUTION N. PAGE TONY FERRARA, MAYOR ATTEST: KELLY I ET I RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY Agenda Item 8.j. Page 6 EXHIBIT "" CITY OF ARROYO GRANDE Management Salary Ranges Salary Range Adjustments 06-24-11 Position Office Assistant I Office Assistant 11 Agenda Item 8.j. Page 7 4.0% 4.0% 4.0% Range LOW MI HIGH M-10 Old 2 21652 21924 New 21503 2 31041 M -11 Old 2,46,E 2,717 2,997 New 2 2,826 3,117 M-12 Old 2,527 2,788 3,074 New 21628 2 3 M-13 Old 21590 2,858 3,150 New 21694 2 3 M -14 Old 2,655 21927 3,229 New 2,761 3,044 3,358 M-15 Old 2 31000 3131 New 2,830 37120 3,442 M-16 Old 21790 3 31390 New 21902 31200 3,526 M -17 Old 2,860 3,154 3,478 New 2 3,280 3,617 M -18 Old 2,930 3,232 3 New 3 3,361 3,708 M-19 Old 3,003 3,313 3 New 3,123 31446 3799 M-20 Old 31080 3,396 3,744 New 3 3,532 3,894 M-21 Old 3 3,481 31838 New 3,283 3,620 3 M-22 ld 3 3 3,933 New 3,365 3,711 4 09O M-23 Old 3,317 31656 4,033 New 3 3,802 41194 Position Office Assistant I Office Assistant 11 Agenda Item 8.j. Page 7 E LIIBIT" " CITY OF ARROYO GRANDE Management Salary Ranges Salary Range Adjustments 06-24-11 Position Administrative Secretary Executive Secretary Executive Secretary/ Deputy City Clerk Assistant Planner Agenda Item 8.j. Page 8 Lange LOW MID HIGH M -24 Old 3 3,748 41132 New 3,535 3 4 M -25 Old 31484 3,842 4,237 New 3,623 31996 4 M -26 Old 3,571 3,938 4,342 New 3,714 4 4,516 M-27 Old 3,659 4 41452 New 31805 41197 4 M -28 Old 31752 4 41562 New 3,902 4,302 4 M-29 Old 3 4,241 4,676 New 3,999 4,411 4 M-30 Old 3 4,346 4,793 New 4,099 4,520 4 M -31 Old 41040 4,456 41913 New 41202 4 5111 M-32 Old 4,142 41568 5,034 New 4,308 4,751 5,235 M-33 Old 4,245 4,680 51162 New 4 4,867 5,368 M-34 Old 4 4,797 5 New 4,525 41989 5,503 1 -35 Old 4 4,918 51421 New 4,638 5 5 M -36 Old 4 5 51558 New 4,755 5 5,780 Position Administrative Secretary Executive Secretary Executive Secretary/ Deputy City Clerk Assistant Planner Agenda Item 8.j. Page 8 EXHIBIT " A " CITY OF ARROYO GRANDE Management Salary Ranges Salary Range a Adjustments 06 -24 -11 Position Associate Planner Accounting Supervisor IT Technician Planning Manager Information Te 1 n I gy Manager Building Official Human Resources Manager Legislative & Information Services Director Agenda Item 8.j. Page 9 4.0% 4.0% 4.0% - Range LOW MID HIGH M-37 Old 4,685 5J67 5,697 New 4,872 5 51925 M-38 Old 4,802 5 5,839 New 4,994 5 6,073 M-39 Old 41922 5 51984 New 5,119 5,644 61223 M-40 Old 51046 5,565 61135 New 51248 51788 6,380 M-41 Old 5 5,702 61288 New 5 5,930 61540 M-42 Old 51300 5,845 6,446 New 5,512 6,079 6,704 M-43 Old 5,434 5,993 6 New 5,651 61233 6,871 M-44 Old 5,569 6,142 6,772 New 5,792 61388 7,043 M-45 I 5,707 6,295 6 New 5,935 6,547 71220 M-46 Old 5,851 6 7J14 New 61085 6,711 7,399 M-47 Old 51999 61615 7,293 New 6,239 6 7 M-48 Old 61147 6,779 7 New 6,393 7 7 M-49 Old 61301 6 7,661 New 61553 7 7,967 M-50 Old 61459 71122 7,853 New 6 7,407 8 Position Associate Planner Accounting Supervisor IT Technician Planning Manager Information Te 1 n I gy Manager Building Official Human Resources Manager Legislative & Information Services Director Agenda Item 8.j. Page 9 EXHIBIT FI 11 CITY O F ARROYO GRANDE Management Salary Ranges Salary Range Adjustments 06-24-11 Positi Assistant City Engineer Police Commander Recreation and Maintenance a Svcs Director Adrr nistrative Services Director C.D. Director Agenda Item 8.j. Page 10 4.0 4.0 4.0 lean e LO MID HIGH M -51 Old 6 7,300 8 New 6,886 7 8,372 M-52 Old 6,786 7,484 8,252 New 7,057 7,783 8,582 M-53 Old 6 7,669 8,457 New 7,�4 7,976 8 1 795 M -54 Old 7,129 7,862 8,668 New 7,414 8,176 9 M-55 Old 7,308 8,058 8,885 New 7,600 8,380 9 1 240 M-55-A Old 7 8,058 8,885 New 7,637 8,421 9,285 M-56 Old 7,491 8,259 9,10 New 7 8,589 9,473 M-57 Old 7,676 8,465 9,335 New 7,383 8,804 9,708 M-58 Old 7,870 8 9,568 New 8,185 9,025 9,951 M-59 Old 8,065 8,835 9 New 8,388 9,251 1 ,2 1 M-60 Old 8 9,117 10,055 N 8 9,482 10,457 M -61 Old 8 9 10,305 New 8 9 10, 717 M -62 Old 8,685 9 579 10,562 New 9,032 9,362 10,984 M - 63 Old 8,903 9 10,825 New 9,259 10,211 11,258 Positi Assistant City Engineer Police Commander Recreation and Maintenance a Svcs Director Adrr nistrative Services Director C.D. Director Agenda Item 8.j. Page 10 EXHIBIT "A" CITY OF ARROYO GRANDE Management Salary Ranges SaYary Range Adjustments 06-24-11 Agenda Item 8.j. Page 11 4. '% 4.0"/6 4.0% Ran Le L OW MID HIGH Position 4 -4 Old 9,125 10,064 11,097 New 9,490 10,467 11,541 M-64-A Old 91125 10,064 11,097 Police Chief New 91536 10,517 11,596 M-65 Old 91355 10,314 11,373 New 9,729 10,727 11,828 M-66 Old 91587 10,573 11,658 New 9,970 10 12,124 M -7 Old 9,827 10,837 11,951 New 10,220 11,270 12,429 M-68 Old 10,074 11,18 12,249 New 10,477 11,552 12,739 M-69 Old 10,325 11,386 12,556 New 10,738 11,841 13,058 M-70 Old 10,583 11,668 12,869 New 11,006 12,135 13,384 M-71 Old 10,849 11,963 13,191 New 11,283 12,442 13,719 M-72 Old 11,120 12,261 13,521 New 11,565 12,751 14,062 M-73 Old 11,398 12,569 13,858 New 11,854 13,072 14,412 M -4 Old 11 12,882 14,204 New 12,151 13,397 14,772 M-75 Old 11,975 13,204 14,560 New 12,454 13,732 15,142 Agenda Item 8.j. Page 11 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.j. Page 12 R INCORPORATED #3 r� JLY ,o` te" , MEMORANDUM I Oft T: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF MEMORANDUM DUM F UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 DATE: JUNE 28 2011 RECOMME It is recommended the City Council adopt the attached resolution approve a Memorandum randum f Understanding MO with Service Employees Union Leal 620 for FY 2011-12. FINANCIAL, IMPACT: The swings of adjustments to all employees is estimated to be approximatel $4 10,000. B ACKGRO U ND: A t the March h 2 } 2011 Budget Workshop, the City Council approved strategies t o add the projected budget sh Strategies included a combination of use of reserves and employee concessions. The existing 1 1 U with employees represented by SEIU Local 620 is due to expire n June 30, 2011. Negotiations have been under gray for the past several months to agree o a new 111.E that achieve the swings set forth by the City Council to address the budget shortfall. The proposed f1 OU was voted o n and approved by the Union's membership on June 21, 2011. ANALYSIS OF ISSUES: The most significant portion of the budget shortfall is associated with an increase in City employee pension costs. In order to address future, as well as current budget shortfall issues, reform of City retirement benefit costs was a primary goal of negotiations with employee unions. Since concessions are a primary strategy in addressing the e budget shortfall, it was also a priority to establish them so they impacted employee groups fairly and equitably throughout the organization. Agenda Item 8.k. Page 1 CITY COUNCIL CONSIDERATION of MEMORANDUM of UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 JUNE 28 2011 PAGE The following key changes are included in the proposed MOU, which will result in a net savings to the City and reform of the retirement benefit system: • All employees will pay an additional 4.5% of CaIPERS retirement benefit costs for a total of seven of the eight percent employee share; • A two- tiered CaIPERS retirement system will be implemented so all newly hired employees will be in the 2% @ 55 plan with three -year average highest compensation; • All full -time employees will have non -paid furlough days on December 27 28 and 29 2011, and • Other cleanup language changes in the MOU. ALTERNATIVES: The following a"lterna"tives are provided for the Council's consideration: - Adopt resolution approving the proposed MOU; - Modify as appropriate and adopt the resolution; De net adept the resolution; - Provide direction to staff. ADVANTAGES: Approval of the proposed MOU will accomplish compensation changes that will result in important cost savings, which will help red uce the need for further layoffs and reduction In service levels. The MOU is the conclusion of a significant amount of work through negotiations to address the issues outlined above. It represents a significant sacrifice on the part of the City's employees and a high level of commitment to funding quality services to the community. DISADVANTAGES: Adjustments may negatively impact employee relations. However, negotiations have been conducted in a very cooperative and professional manner to arrive at the proposed Agreement in a positive and constructive way. ENVIRONMENTAL REVIEW No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS. The Agenda was posted in front of City Hall on Thursday, .June 23, 2011 and on the City's website on Friday, .June 24, 2011. No co"n"vents were received. Agenda Item 8.k. Page 2 RESOLUTION No. RESOLUTION of THE CITY COUNCIL of THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM of UNDERSTANDING FOR EMPLOYEES REPRESENTED Y THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 820 AND REPEALING RESOLUTION Nos. 3875, 41019 41939 4274, 42999 AND 4323 IMPACTING SAID EMPLOYEES WHEREAS, the City Council deems it to be in the best interest of the City of A rroyo Grande and its employees represented by Service Employees International Union Local 620 that compensation be fined for all full -time non - management employees as herein provided; and WHEREAS, the City has established compensation and working conditions through the meet and confer process with the designated employee representatives as set forth in Exhibit "A"; entitled Memorandum of Understanding between the City of Arroyo Grande and the Service Employees International Onion Local 620 "SEIU I OU" , ar copy of which is attached hereto and incorporated herein by this reference. Not, THEREFORE BE I'r RESOLVED by the City Council of the City of Arroyo Grande that the SE1U MOU is hereby approved. This Resolution elution hafll become effective Jul,r 1 , 2011. E IT FURTHER RESOLVED that this Resolution lution shall repeal Resolution kilos. 3875, 4101, 4193, 4274, 4299, and 4323 which established salary and benefits for full -tune employees represented by the Service Employees International Anion Local 620. On motion of Council Member , seconded by Council Member and on the following roll call Grote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2011. Agenda Item 8.k. Page 3 RESOLUTION NO. PAGE TONY Y FERF ARA, MAYOR ATTEST: KELLY I ETMO E, CITY CLEFT APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER EF APPROVED TO AS FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.k. Page 4 EXHIBIT "A" 2011/2012 (One Year) MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 Arroyo Grande Chapter AND CITY OF ARROYO GRANDE Agenda Item 8.k. Page 5 2011/2012 MEMORANDUM OF UNDERSTANDING SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 ARROYO GRANDE CHAPTER TABLE OF CONTENTS ARTICLE 'I: TERM OF MEMORANDUM .......r 'I ARTICLE a RECOGNITION ■ O■■■■■■•• a■■■r■r■■•• Fi■r ■.■■■■0*■■a■■■■r■r•* 1 ARTICLE 9.4 NONDISCRIMINATION r.■■.■■i■ NONE ■ r *.■a■■■a■■■■■ #. ■ ■ ■a ■ ■r ■ ■ ■ ■ ■ ■O.a 'I ARTICLEUNION Standby Pay ■ r■ r■■■■■■■ r■■ ego * O■ ■ ■O■■■aO■■ ■a■■■ ■O ■Or■■ ■r ■s ■EVEN RIGHTS i.... r...........r..*..■■ O■O■■■ Names i ■ ■O ■O ■Or ■r*... ■ memo 8.6 Rest Periods and Breaks O■ ■ ■O ■ ■ ■Or ■ ■ ■O ■ ■ ■.r. *..........0. 1 4.1 Representation r..i. r■■■■ir•■■ O ■O■r ■ ■ ■.r.,. ;. ■ ■.a ■.r ■ ■ ■ *0NEESE Alternate Work Schedules .a ■. ■ ■ ■ ■ ■ ■. ■. ■ ■ ■ ■.. ■ ■..r.. *. 1 9.8 4 , 2 Bulletin Board .■■■O■a■■■■■■ ■O■■ 0000■.■■■ * ■ ■ ■ ■a ■O ■ ■ ■ ■r ■ ■O ■ O ■ 18 8,8 Water Treatment and Distribution Cert. Pay..... ..... . Union Steward .i■■■ ■O■■■r■,■*■■O■■■r■■■■r■r ■a■■O■■ ■ Names move 3 4 . Dues Deduction O■■■■■■ r■.. O■ a ■■■ ■r ■r■■■•. ■a ■O■■■ ■r■■■ ■r *•O ■O 3 4 .6 Use of City Facilities ■■■*.■. O ■■■■ MEN ■ ■■r ■*dl4 ■ ■ ■ ■a ■O ■r ■ ■ ■ ■r.. 6 4 r6 Contracting Out NONE ■ ■ ■ ■ ■■ ■r ■r ■■ *•0000. ■ ■r ■i ■ ■ ■ ■r■**MEMO 6 ARTICLE 5: GRIEVANCE PROCEDURE ................................... We... 6 ARTICLE .■ DISCIPLINARY APPEAL PROCEDURE ■■i■ ■Mir ■ ■ ■i ■ ■ ■■ ■ mom MEMO 1 ARTICLE 6. MANAGEMENT RIGHTS ,. r. w..■ O■■■ O ■i ■O■■■■r■■■■■r■■ ■ MOM" ■■ ■O■■ ■a 1 ARTICLE O WAGES / INCREASES . a..,.....,.■■■■ .r ■r ■ ■.. ■.O■a■aO■■■r■■■■r ■r 1 7.1 Advancement in Salary .... i ■ o■*O■a■O■ MONSOON ■r■ri■r■■■■r■■ 1 7 Paychecks ■r ■Out... ■ ■ ■a ■a ■ ■ ■a ■i■ .0.000 ■r ■r■■■ ■r*■*oO ■O■MONSOONS 1 7.3 Educational Pay .■.■ a■■■ O■ a■ O■ a ■ ■ ■aO ■ ■ ■r ■ ■ ■ ■r ■r ■ ■..r. ■.aa ■a.a 1 7.4 Shift Diffe ................................. * ■ *■■■ ■ ■O ■a■ is ARTICLE 8■ NO STRIKE /N LOCKOUT ■ r■ r■ r■ r 0....... *aaMMa ■i ■i ■ ■ ■ ■, ■ ■■a0■r■ 16 ARTICLE 8■ SPECIAL PAY PRACTICES ........................... *., ■i ■ ■.■ 16 9.1 Flex-Time Schedule .■ r■r■■ ■*r ■Qi• ■ ■*ai ■i ■i ■ ■ ■ ■i ■a ■i ■ ■i ■ ■■ 16 9.2 Use of Private Vehicle/Mileage R to i ■r ■i ■r ■r ■ ■ ■ ■r ■.■* 16 9.3 Callback Pay ■■ r■ r■■■ rr. F. O■ O■ O■ O■■■ ■O ■a■i■ ■O■i ■r■■■ ■r■,■r ■ ■raM 16 9.4 Hours of Work and Overtime ............................ 16 9.5 Standby Pay ■ r■ r■■■■■■■ r■■ ego * O■ ■ ■O■■■aO■■ ■a■■■ ■O ■Or■■ ■r ■s ■EVEN 1 8.6 Rest Periods and Breaks O■ ■ ■O ■ ■ ■Or ■ ■ ■O ■ ■ ■.r. *..........0. 1 9.7 Alternate Work Schedules .a ■. ■ ■ ■ ■ ■ ■. ■. ■ ■ ■ ■.. ■ ■..r.. *. 1 9.8 Bilingual Pay •. r■■■■, r■■■■■ r■■■* •..a ■ ■ ■• ■ ■ ■ ■• ■ ■ ■ ■• ■• ■ ■ ■ ■r ■ ■r• *■ 18 8,8 Water Treatment and Distribution Cert. Pay..... ..... 18 Agenda Item 8.k. Page 6 SEW MOU —TABLE OF CONTENTS (continued) ARTICLE 10: INSURANCE ..■.■■■*i.■.■■■ di.■■■.■,..■■ ■■■ ■■■.■rd.■ 1 10.1 Medical Insurance Benefits ■■.ir■■■■.,■..■■■■... ■r■.■.■■■ 1 10.2 Cafeteria Plan ■* i.■■.■■. W*.■■.■ moos ■.■.■■■■. ■ ■ ■ ■. ■. ■. ■ ■ ■. ■...d 1 10.3 Vision Insurance .■■■.■.■■■ i■■■ i■ NONE ■i■i■■■■.■■O■.■.■ NONE ii■i ARTICLE 10.4 Life Insurance Plan ■. ■. ■ ■ ■... ■. ■ ■ ■ ■■ W...■■■■.■■■■...■ NONE OWN 1 O.t State Disability Insurance • ■■ ■r■.■*■. ■M.■■■■.■.■rw.■.■MENU MAINTENANCE WORKER JOB SERIES ....................... 10.6 Dental Insurance Plan i ■r ■. ■. ■..... N■.■.■ MEN .■ ■r■■■.i■■■MEN 15.1 ARTICLE 'I'I. HOLIDAY LEAVE ■ ■.. ■.. ■r ■.y.■ii ■i ■ ■ ■ ■. ■ ■ ■#+..■.■■■ 21 ARTICLE '1 ■ VACATION LEAVE EMIGME 21 ARTICLE 13: SICK{ LEAVE ■.■■■.■.......■■■■.■■■■■..■■ . ■ ■ ■.. ■ ■ ■.. ■■.■.■■■■.■■ ■...r.. 13.1 Bereavement Leave . ■. ■ ■ ■ ■ ■ ■. ■ ■ ■. ■. y■.■.■■■■.■■■ ■M..■ NONE ■. 13.2 Family Leave ■■■■■■■■■. 0■■■.■ NONE ■.■.■■.■.■■ ■.r■■■■■■. ■ ■ ■ *..r■ ARTICLE 14: LEAVES OF ABSENCE ...... 14.1 Medical Leave ■.■■■.■■■■■.■■■ i, ■.■■■.■■■..■.■ NONE i•i#.■■■.■■.■ PROBATIONARY PERIOD 14.2 Emergency Leave ■r ■. ■ ■ ■. ■ O,. ■ NONE ■.■. ■ ■ ■. ■ ■., * ir ■, ■.r ■ ■... 18: 14.3 ,Jury Duty 0 ■0 0 0 0 9 0 0 0 0 0 9000 0 0 ■0 0. ■r 09000 9 x0 0 0 0 0 0 0 0 0 ■*.0 0 0 0 0 0 0 0 0 0 0 0 ARTICLE 14.4 Military Leave 14.6 Furlough Days ■.■.■■.■■■. .■ MAINTENANCE WORKER JOB SERIES ....................... ARTICLE 15: UNIFORM ALLOWANCE .... w...... x ................ ■.. ■ ■.x....x... 15.1 Safety Shoes A■.■■■■■.■.■a • ..... ... x. *... ... ■. ... ■.•F #..x.0000 15.2 Safety Glasses ................................................ ARTICLE '1 ■ RETIREMENT 27 16.1 PERS Retirement Contributions ■x ■. ■.x ■ ■ ■. ■ ■ ■.......... 27 16.2 Retirement Defined .■ r■.■■■.■■ ■...x..■■■■.■■■■. ■x■■■ ■x■■■.. ■. 7 16.3 retiree Medical ■■ x■.■■■■■■. r■.. ......ft■■.■■■■.■■■■■ ■ x■.■.■Noun 7 ARTICLE 17x PROBATIONARY PERIOD ARTICLE 18: PROMOTION ................. 29 ARTICLE 19: PROMOTIONAL OPPORTUNITIES ARTICLE : MAINTENANCE WORKER JOB SERIES ....................... ARTICLE 1: ENGINEER ,JOB SERIES ...... ........■■■■.■■■ ■x ■x■■■ ■x...... 1 Agenda Item 8.k. Page 7 SEIU MOU —TABLE OF CONTENTS (continued) ARTICLE TRANSFERS .... w■■■ ,■,O■■,. ■. ■.,.,.. ■, ■.. ■.■■ ■*■ME MONDE .■■r.0*., 31 ARTICLE 3: DEMOTION ■ r■ d■,■,■■■■■,■■ E■ i,■■■ r ■,i,. ■r■ri■■ ■r■ 31 ARTICLE LAYOFFS AND DISPLACEMENT ........r.■■■.■■..*.,■■■ ■r■i■■ 31 ARTICLE PERSONNEL REC IDS ■. r*,...,. ■ ■ ■■„■■■*■..■, ■ ■ ■*.■■■ ■r ■ ■■ 33 ARTICLE 6: RESIGNATION .... r. r... r■,■■■%■..■■ r■, ■r ■i■■■■, ■,r ■..■■■■ ■r ■r..■■ ■■ 33 ARTICLE OUTSIDE EMPLOYMENT •■■■■,■ MEMO . r■■■,■*■ WOMEN ...r. ■ ■, *.,.... 33 ARTICLE POSITION VACANCIES .r.■ ■■ r■ rii.■ ■ ■.,r.r.•i ■ ■. ■ ■ ■.r.i• ■ ■ ■ ■.r ■, ■, 33 ARTICLE POSITION CLASSIFICATION ...... ...r. 3 ARTICLE 30: PROFESSIONAL DEVELOPMENT ........r...... *..■ ■■ 3 ARTICLE 31: UNIT ASSIGNMENTS .. r..........., r. ..r. *. %■■■■,■■■ mummy ■ ■• w.■■ ■r■■ 3 ARTICLE 32: MAINTENANCE ANCE F BENEFITS AND TERMS AND CONDITIONS # ! # ! f # ! 1 1 1 1 i 1 ! 1 1 1 ! 1 ! 1 ! ! f * NONE ■ i ■ r ■ , ■ ■ ■ MOMMY ■ d ■ .. ■ ■ E M E M M O M M E 3 ARTICLE 33. M.O.U. IMPLEMENTATION I ....................................... . 3 ARTICLE 34: OBLIGATION TO MEET AND WAIVER EF CLAUSE ........... 3 ARTICLE 35: SAVINGS CLAUSE r....... ME. ■■■■■■■,■ ■■,■ ■ ■ mummy ..ir... MENU 3 ARTICLE 36: POLICY CONFLICTS .. r.....r ft,■■■...... .r....... ME. ...r.,..r........ 3 Agenda Item 8.k. Page 8 201112012 MEMORANDUM of UNDERSTANDING ING BETWEEN CITY of ARROYO GRANDE AND LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL ATIONAL ANION, ARROYO GRANDE CHAPTER THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED AGREEMENT, As HEREIN SET FORTH, SUBMIT THIS MEMORANDUM of UNDERSTANDING INN To THE CITY COUNCIL, WITH .JOINT RECOMMENDATION ATION THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TARE SUCH OTHER ADDITIONAL ACTIONS As MAY BE NECESSARY To IMPLEMENT ITS PROVISIONS. ARTICLE 1. TERM of MEMORANDUM of UNDERSTANDING The te of M of Und shall be from July 1, 2011 until June 30, 2012, and thereafter shall continue from year to year. Either party may request modification by March 15, 2012, in which event, meeting and conferring shall begin no later than April 15, 2012. If the City pays a higher portion of the employee share of PERS costs or provides a Cost of Living Adjustment for management or employees represented by AGP A during the term of this Agreement, the City will pay an equal amount for employees represented by SE1U. ARTICLE 2. RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for all permanent classifications in the Supervisory Employees' representation unit and General Services unit. ARTICLE 3. NONDISCRIMINATION The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, physical disability, age national origin, religious affiliation, or Union membership. Employees may elect to exercise their right to join and participate in the activities of the Anion for the purposes of representation in afl matters of their working conditions and employer- employee relations. The panties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the 1 Agenda Item 8.k. Page 9 ARTICLE 3. NONDISCRIMINATION (continued) employee's membership in said Union. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect. The Union and the City agree to support the Affirmative Action Program established by the City and that there shall be no discrimination within their respective organizations because of race, creed, sec preference, color, national origin, age, disability, or political belief. Any party alleging ar violation of this article shall have the burden of providing the existence f a discriminatory act o acts and/or proving that, but for such act o accts, the alleged injury o damage to the grievant would not have occurred. Discrimination complaints based on Union membership and/or activity shall continue to be subject to the grievance procedure and arbitration. ARTICLE 4. UNION RIGHTS 4,1 Representation With respect to the meet- and - confer process, three 3 Union representatives shall be the maximum number of employees allowed to meet with City representatives on City time during their normal working hours for the purpose of meeting and conferring in good faith without loss of pay o any benefits. 4 .2 Bulletin Board The City will furnish, for the use o f the Union, reasonable bulletin board space at reas locations. Such bulletin board space shall be used only for the following subjects: Union recreational, social, and related nears bulletins; - Scheduled Union meetings; - Information concerning Anion elections or the results thereof; - Reports its f official business of Union, including reports of committees or the Board o Directors; and - All material shall clearly state that it is prepared and authorized by the Union. Union agrees that notices posted on City bulletin boards shall not contain anything that may reasonably be construed as maligning the City or its representatives. z Agenda Item 8.k. Page 10 ARTICLE 4. UNION RIGHTS (continued) 4.3 Union stewards i A. The City authorizes the Arroyo Grande Chapter of the Service Employees International Union to appoint three 3 "Union Stewards" and one 1 alternate, any of which may represent an employee subject to the City's grievance procedure (Article . B. The Union shall provide the City Manager with a list of all authorized Union stewards, and the list shall be kept current. C. An employee and/or his /her "Union Steward" representative may, when and to the extent necessary, take official City time, without loss of compensation, in order to participate in the investigation and processing of a grievance as provided for in Article 5, upon notification and approval of the immediate supervisor or his /her designee. D. The City Manager will approve employee and/or Union Steward taking official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event adversely affect the operational, security, or safety requirements of the City. E. It is understood that the employee and/or Union Steward shall make every reasonable effort to perform any of the above activities on off-duty time. 4.4 Dues Deduction A. The City agrees to deduct dues twice monthly and remit them to the Union, as approved by the Union Board of Directors and authorized in writing by the individual employees concerned, on forms currently accepted by the City for such deductions. B. For the employees in the unit who authorize Union dues deductions, the City shall automatically continue such dues deduction. C. The City agrees to provide the Union the name and deduction status of all unit employees each pay period for which deductions are made. - rhe report shall include employees hired /transferred into or out of the unit, as well as all those on leaves of absence. 3 Agenda Item 8.k. Page 11 ARTICLE 4. UNION RIGHTS (continued) Dues Deductions (continued) D. Deductions. All employees in the unit who have not authorized ar Union dues deduction shall, within the thirty 3 day period following n tifi anti n of their obligation under this agreement, execute an authorization for the payroll deduction of one of the following: 1 Union dues; 2 ar service fee, equal to the percentage of the regular dues, than is used for legally permissible representation costs; or 3 if he /she qualifies, ar charity fee, equal to the service fee, to the tax-exempt charitable organization than has been agreed to by the employee and the Union. To qualify for the designated charity fee deduction, an employee must certify to the Union that he /she is ar member of ar bona -fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. Such exempt unit employees will be required to submit to the Union a notarized letter certifying than person's membership in such a religion, body, or sect, signed by an official of the bona-fide religion, body, or sect. If an employee fails to authorize one of the above deductions within the thirty 3 day authorization period, the City shall notify the employee, in writing, o f his /her contractual obligation to authorize one of the payroll deductions. If an employee fails to authorize one of the deductions, the Union may seek enforcement through the courts. E. Service Fee as Condition of Employment After July 1, 1 995, all employees hired into the units who fail to authorize a Union dines deduction or service fee deduction must, as ar condition of their continued employment, authorize a service fee deduction within thirty 3 days following the beginning of their employment. The employee may avail his /herself of the options set forth in "D" above. If an employee fails to meet this obligation,- the Union will male ar written request to the City to tare the necessary steps to separate that employee from City service. The City will inform the Union of all new hires. Agenda Item 8.k. Page 12 AF 1`ICLE 4. UNION RIGHTS (continued) Dues Deduction (continued) F. Financial Documentation. The Union has presented a demonstration than the legally permissible costs than may be changed as ar service fee to ar nonmember equals somewhat more than ninety-five percent 95% of dues. The City has not challenged than demonstration and agrees to deduct ar service fee equal to ninety -fare percent 95% of dues. The Union shall, within ninety gg days after the end of each fiscal year, mare available to the City financial documentation than shall meet the requirements of Government Code Section 3502.2. The City agrees to provide the Union the name, department, clays, and payroll deduction of all unit employees upon request. G. Petition Election, and Challen.e If ar petition is filed with the City that requests an election rescinding agency shop, and such petition contains signatures collected within ar forty-five day period of at least thirty percent 30% of the employees in the bargaining unit, an election will be held. Such election may only be held once during the term of the Agreement. The verification of the petition and the election shall be conducted by the State Conciliation Service, voting shall be by secret ballot, and ar majority Grote of all employees in the bargaining unit shall be required to rescind agency shop. A unit employee, who is subject to the payment of ar representation service fee hereunder, has certain legal rights to object to than pant of the fee payable to him or her, which represents the employee's additional pro-rata share of expenditures by the Union than is utilized for expenditures not incurred for the purpose of performing the duties incident to effective representation in employer - employee relations. An employee wishing to exercise these rights must contact the Union office. H. Hold Harmle The Union agrees to indemnify, defend, and hold harmless the City and its officers, employees, and agents against all claims, proceed and liabilities arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Article. 5 Agenda Item 8.k. Page 13 ARTICLE 4. UNION RIGHTS {continued} 4 Dues Deduction (continued) !. Enfor ement Severabili In the event the Service Fee provision of the Article is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree to reopen this Article of the Agreement for the purposes of implementing modified agency shop provisions. 4. 5 Use of Citv Facilities A. The Union may, with prior approval of the City Manager, be granted the use of City facilities for Union business meetings of City employees, provided space is available. No use fee will be changed. B. The City shall provide, at no cost to the Union, a copy of each City Council agenda (Summary Form. By being provided the agenda, the Union acknowledges the City has met its obligation of notification of matters or issues within the scope of representation on the Council Agenda. 4 Contracting out The City agrees to communicate with the Union upon request in regard to the following matters: 1. Any proposed subcontracting of services than would result in the elimination of unit member's job. 2. Changes in services than would result in the elimination of unit member's job. ARTICLE S. GRIEVANCE PROCEDURE Purpose A. This grievance procedure shall be the exclusive process to resolve grievances as the term is defined below: 1. To resolve grievances informally at the lowest level. 2. To provide an orderly procedure for reviewing and resolving grievances promptly. 0 Agenda Item 8.k. Page 14 ARTICLE 5, GRIEVANCE PROCEDURE (continued) Definitions: A. Grievance means a complaint by an employee concerning the interpretation or application of the provisions of this {1 . .U. or of rules or regulations governing personnel practices o conditions, which complaint has not been resolved sa tisfactorily in an informal manner between the employee and his /her immediate supervisor. B. As used in this procedure, the terra "immediate supervisor" means the individual so designated by City management who assigns, reviews, and directs the work o an employee at the fiat level. Time Limits: Each party involved in a grie shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; however, with the written consent of all parties, the time limitation for any step may be extended. Step 1: The grievance initially shall be personally discussed between the employee and his /her immediate supervisor. Within seven ( 7 ) working days the immediate supervisor shall give leis /her decision o response. The grievant may request this decision o response in writing. Step 2: A. if the grievance is not informally resolved to the satisfaction of the grievant in Step 1 a formal grievance may be initiated. formal grievance must be initiated. A formal grievance must be initiated no lamer than Thirty 3 working days after the evert of circumstances occasioning the grievance; o 2. Within seven working calendar days o f the Step 1 decision rendered in the informal grievance procedure, whichever is lamer. B. However, if the Step 1 informal grievance pr is not initiated within the period specified in subsection 1 above, the period in which to (ring the grievance shall not be extended by subsection 2 above. 7 Agenda Item 8.k. Page 15 ARTICLE 5, GRIEVANCE PROCEDURE (continued) Step 2: (continued) C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the person 2 designated by City management who has the responsibility of the next level of supervision within the department. The employee may be represented by a representative o his /her choice. D. The grievant shall cite the specific provision(s) of the Memorandum o f Understanding, ordinance, resolution, o written rule claimed to have been violated in effect at such time the alleged incident(s) occurred, set forth the facts than purportedly constitute such violation, and the specific remedy sought. E. Within seven working days after the initiation of the Step 2 grievance, the City's designated representative for this step shall investigate the grievance and give his /her decision in writing to the grievant. Step 8; A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he /she may appeal the decision within seven working days to the person designated by the City Manager who has the next level of supervision within the department, if any. The employee may be represented by a representative o f his /her choice. B. The designated representative shall respond in writing within seven working days to the grievant. If the designated representative determines it is desirable, he /she shall hold a conference(s) o otherwise investigate the matter. Step : A. If a designated representative was used in Step 8 above or none was designated and the grievant is not satisfied with the decision rendered pursuant to Step 2 o 8 as applicable, he /she may appeal the decision within seven working days to the City Manager. The employee may be represented by a representative of his /her choice. 8 Agenda Item 8.k. Page 16 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 4: (continued) B. The City Manager shall respond in writing within seven 7 working days to the grievant. If the City Manager determines it is desirable, he /she shall hold ar conference or otherwise investigate the ranter. Step If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the written concurrence of the Union, within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both panties, the time deadline may be extended for a specified number of day If any question arises as to the arbitrability of the grievance, such question shall be ruled upon b y the arbitrator only after he /she has had an opportunity to hear the merits of the grievance. A. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (1 0 working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within fire days, the State Conciliation Service will be requested to supply a list of fire names. Each party will alternately strike from the list until only one 1 name remains. The order of striking will be determined by lot. B. The arbitrator shall hold a hearing within ten 10 working days of his /her appointment. Fire working days' notice will be given to all parties of the time and place of the hearing. Within ten (1 0) working days after completion of the hearing, the arbitrator shall reader the decision in writing and shall set forth his /her findings of fact, reasoning,, and conclusions on the issues submitted. The arbitrator shall be without poorer or authority to make any decision that requires the commission of an act prohibited by lair or violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include ar decision for reimbursement for financial loss of wages or fringe benefits or other non - financial remedies as judged to be proper. The arbitrator shall submit to all p arties his /her findings than shall be binding and final on both parties. 0 Agenda Item 8.k. Page 17 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 5: (continued) C. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to, the provisions of this Agreement. D. The fees and expenses of the arbitrator shall not be the responsibility of the prevailing party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses of the other. If any grievance meeting or hearing shalt be scheduled during the work day, any worker required by either panty to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay or benefits for a reasonable amount of time. E. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement. F. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants as designated in this Agreement. ARTICLE 5.5 DISCIPLINARY Y APPEAL PROCEDURE E Effective for discipline initiated after the dame of ramification of this M. .U., appeals from discipline and discharge of unit employees represented by S.E.W. Local 620 only, shall be processed exclusively in accordance with this modified appeal procedure. The provisions of this Article apply only to employees represented by S.E.I.U. Local 620 and supersede any conflicting provisions contained in the Personnel Regulations of the City of Arroyo Grande, Section VIII. — G inclusive for S.E.W. represented employees. Employees represented by Local 620 receiving a "Notice of Recommended Disciplinary Action" under Section Vill A. of the Personnel Regulations shall have the right to Union representation if he /she so chooses. The City agrees to send copies of all disciplinary notices for represented employees to the Union by Facsimile (FAX) and U.S. hail art: (805) 1 - 20 (FAX) Local 620, Service Employees' International Union, AFL, CIO, CLC 2345 S. B roadway #C Santa Maria, CA 93454 10 Agenda Item 8.k. Page 18 ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE (continued) Nothing in this Article shall preclude an employee and the City Manager from informal discussions and/or settlements prior to the date of the hearing. For the purpose of this M.O.U. and as applied to S.E.I. . represented employees only; the City's Disciplinary Action procedure is hereby modified as follows: Section -1: Method of Appeal S.E.I. U. Only): Appeals shall be in writing and contain a brief statement about the action being appealed and the reason(s) the employee believes the disciplinary action Is not appropriate. The letter of appeal shall be filed with the City Manager within five business days of receiving the notice of disciplinary action. Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal not less than ten 1 days nor more than sixty ( 60 ) days from the date of filing. The City Manager or designated representative shall notify all interested parties of the date, time, and place of hearing. The City Manager will also select a Hearing Officer from either the State Mediation and Conciliation Service SMCS or another individual selected from a list provided by the SMCS, provided that the person selected to be the Hearing Officer has experience adjudicating Disciplinary Hearings. Section E: Hearing: No Change to City Personnel Regulations Manual. Section F: Findings of the Hearing Officer: No Change to City Personnel Regulations Manual. Section G: Appeal Proced 1. Appeal of Findings by Hearing Officer Other Than City Manager— a., b., c.: No Change to City Personnel Regulations Manual. 2. Appeal of Findings by the City Manager: An employee who believes the City Manager's Final Decision contains findings of fact that are erroneous or legal conclusions which are arbitrary and capricious may appeal such findings and resulting proposed disciplinary actions. 11 Agenda Item 8.k. Page 19 ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE E (continued) Section G: Appeal Procedures: (continued) 2. Appeal of Findings by the City Manager: (continued) Such appeals shall be made to the City Council. Such appeal shall be filed within twenty 2 0) working days of receiving the Notice of Disciplinary Action from the City Manager. ARTICLE 6. MANAGEMENT RIGHTS HTS The City retains all its exclusive rights and authority under federal, state, and municipal law and expressly and exclusively retains its management rights, which include, but are not limited to: the exclusive right to determine the mission of its constituent departments, c ommissions, boards; 0 set standards and levels of service; 0 determine the procedures and standards of selection for employment and promotions; 0 direct its employees; 0 determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; 0 maintain the efficiency of governmental operations; 0 determine the methods, means and numbers and kinds of persons by which government operations are to be conducted; 0 determine methods of financing; 0 determine styles and/or types of City- issued equipment to be used; 0 determine and/or change the facilities, methods, technology, means, organizational structure, and composition of the work force and allocate and assign work by which the City operations are to be conducted; 0 determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not lifted t, the right to contract for or subcontract any work or operations of the City. 12 Agenda Item 8.k. Page 20 A RTICLE 7. WAGES I INCREASES A. The S.E.I.U. represents the following employee classifications: CLERICAL AND FISCAL SALARY RANGE GE Administrative Secretary Senior Accounting Clerk Accounting Clerk 11 Office Assistant II Accounting Clerk office Assistant I 2 24 21 18 1 14 R CREATbON AND MAINTENANCE SERVICES AND COMMUNITY DEVELOPMENT Senior Engineer 4 Associate Engineer 48 Assistant Engineer 8 Maintenance Services Supervisor 8 Recreation Supervisor 84 Fleet Maintenance Coordinator 8 Maintenance Services Lead Person 8 Water Services Worker 2 Maintenance Worker III 2 Sports Facilities Coord inator 2 Recreation Coordinator 2 Maintenance. Worker II 2 Maintenance porker 1 1 B. FISCAL YEAR 2011/2012 The City and the S.E.I.U. agree that all position classifications represented b y the Union as depicted in Section "A" of this Article shall receive salaries as represented in Exhibit "A" for the period o f July 1 t 2011 through June 30, 2012. 7 ,11 . Advancement in Sa The salary range as set forth for each that shall b interpreted and applied increases as provided herein are not merit. Employees shall be placed compensation for advancement to the manner following: classification is divided into fire steps as outlined In this Article. Salary step automatic but based on performance and on the step and qualify for increase in next higher step of the pay ranges in the A. The first step is the minimum rate and normally shall be the hiring rate. 13 Agenda Item 8.k. Page 21 ARTICLE 7. WAGES 1 INCREASES (continued) B. The second step is granted to employees who are eligible for this adjustment, after completion of the probationary period. The adjustment shall be made only if granted by the Department Director and subject to the approval of the City Manager or his /her designee. C. The third step shall be granted to an employee who has proven fully qualified in ar given classification for one 1 full additional year from granting of previous step increase only if granted by the Department Director and subject to the approval of the City Manager or his /her designee. D. The fourth step shall be granted to an employee who has proven above average in a given classification for one 1 full additional year by the Department Director and with the approval of the City Manager or his /her designee. E. The fifth step shall be granted to an employee who has continued to demonstrate arb ve average performance and has demonstrated continued growth in a given classification for one 1 full additional year by the Department Director and with the approval of the City Manager or his /her designee. F. A performance report on each employee - recommended for salary advancement shall be prepared and submitted by the Department Director to the City Manager prior to final action on such recommendation at each step. G. An employee must always continue to maintain an acceptable level of performance and shall be evaluated annually by his /her Department Director. If the written evaluation by the Department Director does not support ar continued acceptable effort, an individual may be reduced in salary by the Department Director, with the approval of the City Manager o his /her designee. Paychecks The City will pay regular checks on ar biweekly basis and continue payroll deductions for the County -City Employee Credit Union, when so desired by employees. 7 Educational Pay A The Educational Pay Program is intended to promote the improvement of employee efficiency and the advancement of employees to positions of higher skills. 1 Agenda Item 8.k. Page 22 ARTICLE 7. WAGES I INCREASES (continued) Educational Pay (continued) B. Employees may qualify for advancement of one salary range above their position classified range upon receipt of an Associated Arts Degree, in a field relative to their job classification, from an accredited junior college, or upon earning ar special license or certificate, deemed to be equivalent to an AA degree and is related to the performance of the employee's duties and/or assignment, upon recommend of the Department Director and approval by the City Manager. For purposes of completion of certificated courses related to an employee's duties and/or assignment equivalency (including those programs resulting in ar special license or certificate), or an aggregate of the same which equals or exceeds 720 instructional hours, will be deemed to be equivalent to an AA deg Any employee who is receiving educational pay for any license or certificate as of duly 1, 1999, will continue to receive such pay. C. Employees who possess licenses or certificates as specified in Section B of this Article, totaling less than 7 hours and more than 300 hours, shall qualify for an advancement in sa'la'ry of $20 per pay period upon recommendation of the Department Director and ap proval by the City Manager. D. Employees may qualify for advancement of two salary ranges above their position classified range upon receipt of ar Bachelor of Science /Bachelor of Arts Degree in ar field relative to their job classification, from an accredited college, upon recommendation of the Department Director and approval of the City Ilarnagr. E. Exception: Where r job classifications or requirements include an Associated Arts or Bachelor of Science/Bachelor of Arts degree, Section B and Section C, will not apply. F. No additional educational pay shall be made for duplicate, or more than one, AA degree, BA degree, or applicable certificates. 7 Shift Differential The City shall pay $.50 (fifty cents) per hour additional wages for each hour worked when at least four and one -half Y hours are worked between 5:30 P.M. and :30 A.M., providing such working assignment has been assigned /approved by the Department Director with the concurrence of the City Manager. Exception to the prior approval provisions shall be granted for emergency call -outs. 1 Agenda Item 8.k. Page 23 ARTICLE 8. NO STRIKE E LOCKOUT The Union agrees than during the terra of this Memorandum of Understanding, neither the Anion or the employees it represents will engage in, encourage, sanction, support, or suggest any strikes. The employer agrees that it will not lock out any of its employees during the term of this Memorandum of Understanding. ARTICLE 9. SPECIAL PAID PRACTICES 9 .1 Flax-Time Schedules Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising officials and approved by the City Manager. The City shall specify in writing all changes in work plane and hours and provide the affected employees with reasonable notice of these changes. Hours may be altered to permit flex- time. 9 .2 use of Private Vehicle I lilea afar e i An employee who is required to perarte his or her own privately-owned automobile for the performance of official duties shall be reimbursed at the rate established by the City Council for each rile necessarily traveled. Such reimbursement shall be paid monthly. 9.3 Callback Pa Callback is defined as than circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end o f the employee's work day or work week. An employee called in early to start his /her work shift, without prior reasonable notice, will also receive time and one-half 1 Y ) overtime Pay for all extra hours worked, ed, with a minimum call-out of two 2 hours. If an employee receives ar second c allback within the two hour window of their first call, then the employee shall only receive additional pay for the time worked beyond the two hours. 9 .4 Hours of Work and Overtime The normal working schedule of full -tune employees shalt be eight hours pay or forty 40 hours per week. All authorized time worked in excess of forty 40 hours per week, or on ar holiday recognized in this Memorandum of Understanding, sharp he co mpensated at the rate of one and one -half 1 Y times the employee's regular base hourly rate of pay. Time worked for computation of overtime shall include holidays, jury duty, sick leave, bereavement leave, and previously scheduled vacation and compensatory time off, for purposes of this paragraph, and shall be calculated at ar maximum of eight hours per day. Overtime shall be computed at the nearest quarter (1/4) hour. At the request of any employee eligible for overtime pay, his /her supervisor will provide that, in lieu 1 Agenda Item 8.k. Page 24 ARTICLE 9, SPECIAL PAY PRACTICES (continued) of cash payment for airy overtime, he /she may have the choice of time off with pay at the rate of one and one -half 1 1 Y hours for each hour of overtime worked. Compensatory time off shall be taken at the option of the employee, with the consent of the supervisor. The limit for accrued compensatory time off is 1 hours per employee. Upon separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time. 9 .5 Standbv Pa Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; and 2. Be readily available at all hours by telephone. An employee so assigned to standby duty shall receive $1.50 per hour, to begin at the end of the regularly scheduled work day or work week or other employee's standby time, and end at the start of the next regularly scheduled work day or the beginning of another employee's standby time. When an employee is called in and is being paid at his /her normal rate of pay (including overtime), standby pay will not apply. 9 .6 beat Periods and Breaks Employees in all bargaining unit classes are entitled to a fifteen ( 1 15) minute duty - free rest period during each four hours of continuous work. A rest period shall count as fifteen (15) minutes of time worked for calculation of pay. Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property. 9 .7 Alternate Work Schedules The City and the Anion agree than under some circumstances alternate work schedules may be beneficial to both employees and the City. Accordingly, employees may request to work an alternative work schedule. Such requests shall be subject to approval by the Department Director and the City Manager. City management reserves the right to remove employees from alternative work schedules. iVA Agenda Item 8.k. Page 25 ARTICLE 9. SPECIAL PAY PRACTICES (continued) 9 Bilingual Pa A. An employee fluent in Spanish or other language, the use of which has been determined by the City Manager to be of benefit to the City, shall be paid $50-00 per month. Fluency shall be certified by a test administered through the City Manager's Office. A certified employee shall request bilingual pay on a form approved by the City Manager. N more than six employees fluent in one of the identified languages shall be eligible for bilingual pay at any one time. B. The City Manager shall determine which employees, ghat mix of languages, and which job functions may be eligible for bilingual pay based upon accessibility of the employee to the public, representation in departments, or other factors that could affect the use of theses skills for public benefit. Nothing in this section shall preclude the use by an employee of foreign language skills in the work place for the public benefit even if the employee is not receiving bilingual pay. 9 .9 Water Treatment and Distribution Certification Pa Effective dune 25, 2010, employees in classifications of Maintenance Worker I, II, and III, Water Services Worker, Public Works and Parks lead Person, Sports Facility Coordinator, and Public Works and Parks Supervisor shall receive special pay of 1% of their base salary for each Water Treatment Operator Certification from the California Department of Public Health TI through T3 received and maintained and dater Distribution O perator Certification D1 through D4 received and maintained up to a maximum of % for employees permanently assigned to the Water Services Section and the Public Works Supervisor, Streets Division, and 2% for employees assigned to other maintenance operations. Employees shell receive special pay for each certification obtained only as long as each individual certification is maintained. Employees may receive up to a total maximum of 7.5% for Educational Pay and Water Treatment and Distribution Certification Pay when combined. Employees shall not receive both Educational Pay and Water Treatment and Distribution Certification Pay for the same education completed. In such case that education cornpleted to obtain Mater Treatment and Distribution Certifications qualify an employee to receive Educational Pay, the employee shall receive whichever is highest between the two special pay amounts. ill Agenda Item 8.k. Page 26 ARTICLE . MEDICAL INSURANCE 10.1 Medical Insurance Benefits A. The bare medical plan shall be defined as the Health Maintenance Organization (HMO) program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider, the bane plan will become the basic PPO plan available to the City by the existing medical plan provider. B. The City will maintain health benefits through Ca lPERS for calendar year 2012. 10.2 Cafeteria Plan A. Effective January 1, 2009, the City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act PEMHCA for both active employees and retirees. The City's contribution toward coverage under PEMHCA shall be the minimum contribution amount established by Ca lPERS on an annual basis. Effective January 1, 2011, the City's contribution under PEIIHCA shall be $108.00 and January 1, 2012 shall be $112. B. Effective January 1, 2009, employees participating in the City's full flex cafeteria plan shall receive ar flex dollar allowance to purchase group health coverage for medical, dental and vision under the City's Cafeteria Plan. For the period o f July 1, 2011 through December 31, 2011, the flex dollar allowance s hall be $588.78 with respect to an employee enrolled for self alone, $1,081.62 for an employee enrolled for self and one family member, and $1,385.80 for any employee enrolled for self and two o more family members. C. For January 1, 2012 through June 30, 2012, the flex dollar allowance s hall be the arm unt in effect on December 31 , 2011 plus 1 % of the increased cost in dental and vision insurance and the lowest cost HMO available through PERS in Baru Luis Obispo County. D. A portion of the flex dollar allowance ($108.00 for 2011 and $112 for 2012) is identified as the City's contribution towards PEI IHCA. This amount will be adjusted on an annual basis as the PEIIHCA minimum contribution increase. Remaining flex dollars must be used by employees to participate in the City's health plans. Employees who waive medical coverage under the Cafeteria Plan because he /she provided the City with written proof than medical in co is in force through c provided by another source consistent with any rules o restrictions o n the City by the medical plan provider, can take flex dollars for the amount provided to employees enrolled for self alone (taxable income), deposit it into their 457 plan, or use it to purchase vo luntary products. No remaining flex dollars may be redeemed. 19 Agenda Item 8.k. Page 27 ARTICLE 10. MEDICAL INSURANCE (continued) 10.3 Vision Insurance The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute the full family premium. The City may select an alternate Vision care provider during the terra of the M.O.U. providing that 1 . Any new plan maintains equivalent benefits to the employees; and 2. At leant twenty -one 21 days advanced notice of plan changes are provided to the Union. 10.4 Life Insurance Plan City shall provide group term life insurance benefit plan for bargaining unit members, which shall provide for forty thousand dollars {$40,000} life coverage for employees only during the term of their employment. A. The City shall make available additional Voluntary life insurance coverage, at the employee's expense, as long as the minimum participation requirements o f the insurance provider are met. 10. state Disability Insurance The City shall provide and pay the premiums for State Disability Insurance, integrated with sick leave. Effective January 1, 2004, the City will pay the premiums for the new Family Temporary Disability Insurance. Should there be any future rate increases to State Disability Insurance and Family Temporary Disability Insurance plans after January 1, 2004, the City and SEW Local 620 agree to meet and confer to discuss responsibility for payment o f such increases. 1- Dental Insurance Plan The City shall pr for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City's choice. The City shall pay up to the full family premium. The City may select an alternate dental insurance plan provider during the term o f this M.O.U. providing that: 1. Any new plan maintains equivalent benefits to the employees; and 2. At least twenty -one 21 days advanced notice of plan changes are provided to the Union. 20 Agenda Item 8.k. Page 28 ARTICLE 11. HOLIDAY LEAVE The following days shall be paid holidays for employees: a. Independence Day k. Labor Day C. Veterans' Day d. Thanksgiving Day e. Day following Thanksgiving f. Christmas Eve g. Christmas Day h. New Year's Eire i. New Year's Day j. Martin Luther Ding Day k. Lincoln's Birthday 1. President's Day M. Memorial Day n. One day of Employee choice with Supervisor approval (Floating Holiday) 0. Every day designated by the President, Governor, o r Mayor for public observance as a special, nonrecurring single event, such as the death of a national leader or end of a war. When any of the above - listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized o n Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above- listed dates. In case a holiday falls on an employee's regularly scheduled day off, he /she shall have the option to take such a holiday on an alternate day, as selected by the employee and approved by the Department Director. ARTICLE 12. VACATION LEAVE A. The purpose of annual vacation leave is to enable each eligible employee to annually return to his work mentally and physically refreshed. B. Each eligible employee shall be required to have seared the equivalent of one 1 year of continuous service in the City in order to e eligible for his /her full annual vacation leave. However, in the event an employee s chooses, he /she may, after six continuous months of service, take vacation leave not to exceed five (5) working days, with the Supervisor's approval. D. Employees who terminate employment and upon return of all City - owned property in good condition, shall be paid in a lump sum for all accrued vacation leave earned prig to the date of termination. 21 Agenda Item 8.k. Page 29 ARTICLE 12. A VACATION LEAVE (continued) V acation leave with pay shall be earned by employees in accordance with the following schedule: AFTER: YEARS DAYS HOLES PER MONTH 01 10 6.67 02 12 8.00 03 13 8.67 04 14 9.34 05 15 10.00 06 15 1 0.00 07 16 10.67 08 16 10. 09 17 11-34 10 17 11.34 11 18 12.00 12 1 12.00 13 19 12. 14 19 12.67 15 20 13.34 E. If for any reason an employee bermes ill during a vacation, o in the case where a holiday falls during a vacation period, the affected employee shall be entitled to utilize such available sick o holiday leave in lieu of vacation leave. The vacation period may be appropriately extended upon approval of the Supervisor. F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the discretion and convenience of each individual employee, with the consent of the Supervisor within the limitations necessitated by the legitimate operational needs of the City. G. In the event the scheduling preferences of two 2 or more employees conflict, the preferences o f the more senior employee from dame of hire shall govern, barring any unusual circumstances. H. An employee must use a minimum o f 0% vacation leave earned each calendar year during than same calendar year. The balance of the vacation leave remaining unused during that same calendar year may be accrued. Exception is made to this paragraph for all new employees commencing City employment after December 31 of each year so that there is no requirement upon a new employee to use a minimum o 0% o f vacation leave earned by the first December 31' after employment commences. 22 Agenda Item 8.k. Page 30 ARTICLE 12. VACATION LEAVE (continued) 1. Employees may accrue vacation leave up to a maximum of 225 hours. In the event an employee's accrued vacation leave exceeds the maximum allowable on .January 1, the employee shall be paid at his /her .January 1 hourly wage rate for those hours accrued in excess f the maximum allowable. Upon request of an employee, an exception t the accrual limit may be made upon recommendation by the Department Director and approval by the City Manager. ARTICLE 13. SICK LEAVE A. All full -time, permanent employees shall accrue one 1 working day of sick leave with pay for each month o service. The maximum accumulation of earned sick leave shall be 1,200 hours. An employee will not accumulate any additional sick leave until such time as his /her accumulated balance falls below 1,200 hours. Upon retirement an employee may choose to be paid 50% of his /her unused sick leave, to a maximum of 480 hours at his /her current rate of pay. Upon retirement, unused accumulated sick leave may be converted to PEES retirement credit per the City's contract with PEES. At the end of each calendar year, each employee has the option of being paid straight time for 25% o f his /her unused sick leave of that year, transferring it to vacation, or leaving it in sick leave. B. Employees may transfer sick leave on a vol untary basis to a fellow employee who has exhausted all his /her sick leave and vacation leave due to an extended illness o injury. The transfer shall be based on each employee's hourly rate of pay and shall not exceed twenty -four 2 hours f sick leave based o the hourly rate of pay of the receiving employee. The transfer shall be requested o a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval t o their Department Directors rs and the City Manager for final approval. The requesting employee must indicate how many hours they will need for their leave. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. Under no circumstances may the requesting employee receive more donated hours in heir sick bank than actually used for their leave. Bereavement Leave Permanent full -time employees shall be granted leave by their Department Director whenever the affected employee has experienced a dearth in the immediate family, defined as the spouse, the employee's o employee's spouse's father, mother, brother o r sister, child or stepchild, grandparents, grandchildren, sore -in -lave, daughter -in -law, "step" relatives as described above, aunt o uncle, or any other person residing in the same household where attendance to the funeral is necessary. 23 Agenda Item 8.k. Page 31 ARTICLE 13. SICK LEAVE (continued) 13.1 Bereavement Leave (continuedr � I Such absence by the employee shall be limited to five working days per occurrence o f paid leave. such leave is not chargeable against sick or vacation leave. As a condition of granting leave for bereavement purposes, the appointin authority may request verification of the loss. In order to receive this benefit, domestic partners must be registered with the Secretary of state. 13.2 Famillv Leave A. An employee may take an unlimited amount of sick leave if required to be array from the job to personally came for a member of his /her immediate family, a defined in Article 13.2, Bereavement Leave, subject to approval of the supervisor and verification of need. B. Pursuant to the State and Federal Leave Acts, the following is provided for a ll employees who have been employed a m of twelve 12 months and have worked at least 1,250 hours during the 12 -month period preceding leave: 1, Up to twelve weeks workday unpaid leave in ar twelve ( 1 2) month period. Intermittent leave is allowed. ed. 2. Leave may be taken for: 1 birth of an came of newborn child; 2 placement of child with employee for adoption or foster came; 3 to care for spouse, child, or parent having serious health condition; employee's own serious health condition. 3. The employee's insurance, including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working. 4 . Request for leave must be made 30 days prior to leave, if foreseeable. 5 . Employee may use accrued vacation, holiday, or personal leave du ring family leave. Sick leave may be used for employee and/or immediate family illness or disability. 6 . Upon return to work, employee will be restored to same or equivalent position with equivalent benefits. All other provisions of the State FCLA and Federal FM LA apply. 24 Agenda Item 8.k. Page 32 ARTICLE E '1 . LEAVES ES of ABSENCE 14.1 Medical Leave Medical leave without pay may be granted for the purpose of recovery from prolonged illness or injury or to restore health or for pregnancy upon employee's written request to and approved by the Department Director and City Manager, subject to submission of medical evidence satisfactory as establishing the employee's medical need. During the approved leave period, the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee's sole cost if such coverage of all individuals is in effect sixty days prior to leave application to the City Manager. 14.2 Emernency Leave Emergency leave without pay may be granted to any permanent employee who, upon written request to and approved by the Department Director and City Manager, demonstrates that the leave is necessary for personal reasons beyond his /her control or will serve to improve his /her ability as an employee of the City. Emergency leaves may be granted up to a maximum of one 1 year. Capon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. The leave period shall not be credited to employee seniority or credited toward time served with the City. Failure on the part of the employee on leave to report promptly at the leave's expiration shall be cause for discharge. During the leave period the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee's sole expense if such coverage of all individuals is in effect sixty days prior to leave application to the City Manager. 14.3 Jury Duty Employees shall be granted leave, with full pay and no loss in benefits, when called for ju duty if the employee remits jury fees received for such jury d uty. The employee may retain all travel pay or subsistence pay granted by the court because of the employee's participation in jury duty. The employee shall be responsible for notifying his /her supervisor as soon as possible upon receiving notice to appear for jury duty, make even reasonable effort to Keep his /her supervisor advised as to the anticipated length of service, and return to word immediately following the end of jury duty service. 14.4 Military Leave Every employee of the City shalt be granted military leaves of absence and other benefits as provided in Division 11, Part I, Chapter V11 I of the Military and V eteran's Code of the state of California. 25 Agenda Item 8.k. Page 33 ARTICLE 14. LEAVES OF ABSENCE (continued) 14.5 Furlunh Days The following days totaling t wenty -four hours shall be non -paid furlough days for all employees: a. December 27, 2011 b. December 28, 20 C . December 29, 20 Employees are not eligible to use sick, vacation, compensatory time pay, personal days, bereavement, jury duty o other paid leave during these days. With the paycheck beginning July 15, 2011, the enrage loss from the mandatory furloughs will be distributed evenly over twenty -four consecutive paychecks in the amount of a enrage reduction of one hour in pay per paycheck (for a total of twenty -four hours). A separate side agreement will be established for the administration of the furlough days. ARTICLE 15. UNIFORM ALLO ANCE The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for employees in the following classifications Maintenance W I, II, III Maintenance Services Supervisor Fleet Maintenance Coordinator Maintenance a Services Lead Person Sports Facilities Maintenance a 11 rker Employees hired to fill newly- created classifications will also receive uniforms under this section if the wearing of a uniform is required. Uniforms for the above- listed field personnel are to be worn during work and may be worn to and from work. 15.1 Safety Shoes Daring the term of this Agreement, the City shall provide one pair of safety shoes to all knit employees, as listed in Article 15, per fiscal year to a maximum cost of $150. The safety shoes shall be purchased during the month of August unless deemed a necessity to be purchased before the month of August by the Department Director and approval of the City Manager. The safety shoes must be worn during all hours where there is a need for such shoes o as required by the Department Director. A vendor to be used to make purchases of safety shoes will be mutually agreed upon by the City and Union. 15.2 Safety Glasses The City will provide safety prescription glasses and lens for those employees who need them to carry out their tasks. The glasses will comply with OSHA standards. Agenda Item 8.k. Page 34 ARTICLE 1 . RETIREMENT 16.1 PERS Retirement iremen contributions 1. A. 1. G.C. Section 21354.4. The PEES 2.5% at Age 55 Retirement Plan is provided for non-sworn personnel. Employees will pay 2. 5 percentage points of the employee's % PERS contribution and the City will pay the remaining 5.5 percentage points up to July 21, 2011. Effective July 22, 2011, all employees will pay seven of the eight percent employee share of CalPERS retirement benefit costs. The City will pay the remaining one percent. A. 2. G. C. Section 21354. Effective October 1, 2011, the PEES 2.0% at Age Retirement plan will be provided for new employees. Ne w employees will pay the full seven percent PEES employee shame. B. G.C. Section 203 c pursuant to Section 201. Beginning in F' 2002 -2003 the City agrees than the employee portion of the PERS contribution, made by the City, shall be reported to PEES as income. The City will be responsible for the increased PEES contribution as a result of the reporting change. C. G.C. Section 21 024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by PEES. D. 1. GC Section 200 42. Retirement benefits are based on the highest single year compensation. D. 2. GC Section 20037. Effective October 1, 2011 for new employees, retirement benefits are based on the highest average annual compensation earrnable by ar member during three consecutive years of employment. E. GC Section 20965. Employees will receive credit for unused sick leave. F. GC Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of dearth, may elect to receive the Pre- Retirement Optional Settlement 2 Death Benefit. 16.2 Retirement iremen Defined Retirement is defined as the termination of employment at an age when the employee would qualify for an allowance under the Public Employees Retirement System PERS and the City's Personnel Regulations. ns. 16.3 Re Medical A. Employees who retire from City service will be allowed to purchase medical insurance c through the City. 27 Agenda Item 8.k. Page 35 ARTICLE 16. RETIREMENT (continued) 16.3 Retiree Medical (continued) B. GC Section 22892. Effective January 1, 2009, the City's contribution shall be an equal amount for both employees and annuitants, which shall be the minimum contribution amount established by Ca lPERS on an annual basis. During calendar year 2011, than amount shall be $108 per month and calendar year 2012 s hall be $112. The City's contribution shall be adjusted a'nnua'lly thereafter by the Ca lPERS B oard to reflect any change in the medical care component of the Consumer Price Index, provided than the City is participating in the Ca lPERS Health Plan. C. Effective January 1, 2009, the City shall provide a s upplemental contribution to employees than acre: 1 employed on ar full -time basis of June 30, 2008 and who have been employed with the City on a full -time basis for fire 8 years or more at the time of retirement; or 2 employed on a full -time basis after June 30, 2008 and who have been employed by the City on ar full -time basis for ten 10 years or more at the time of retirement. The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CarIPERS as set forth above in Article 1 .3, Section B and the following amounts: For single a'nnuita'nt coverage: $170.81 For annuitant + 1 dependent: $30'1.17 For a'nnuita'nt + 2 or more dependents: $368.24 ARTICLE 17. PROBATIONARY iAF PERIOD All appointments, original and pro'motiona'l, shall be tentative and subject to ar proba'tiona'ry period of twelve 12 months. The Department Director, with consent of the City Manager, may extend the proba'tiona'ry period for specified cause(s), which shall be provided in writing to the employee. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of an employee to his /her newly appointed position, and for rejecting any proba'tiona'ry employee whose performance does not meet the required sta'nda'rds of work. The Department Director, with the consent of the City Manager, may release a newly hired probationary employee from City employment without cause at any time during the probationary period. The Department Director, with the consent of the City Manager, may remove transferred or promoted employee from the position to which promoted without cause at any time during the proba'tiona'ry period; in which event, than employee shall be reinstated to his /her original position from which originally transferred or promoted. 28 Agenda Item 8.k. Page 36 ARTICLE 1 . PROMOTION Promotion of an employee to a higher range shall result in an increase in salary. The employee's salary shall be placed in the salary range of the new position which would result in at least a five percent % increase in salary compared to the employee's existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all non- employees. All current employees shall be given consideration for a position opening that will be filled by promotion. An employee promoted to a new position shall serve a twelve 12 month probationary period in that position. In the event the promoted party is removed from the position to which promoted, the employee shall be considered demoted but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. A promoted em p lo yee shall retain his o r her salary anniversary dame held prior to promotion. An employee's promotion date will become their anniversary date for the purposes of performance evaluations and step increases. ARTICLE 19. PROMOTIONAL P P F TU N ITI Es A. Psti n Promotional opportunities for classifications within the representation unit will be posted for at least ten 1 working days (Monday through Friday) prior to selection. E. Selection The selection proced for each promotional opening will be determined and administered by the employing department in consultation with the requesting department. Selection procedure and job description information will be a#ta hed o incorporated into the job - posting notice at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification; and tests may not be biased with respect to race, sex, religion creed, political affiliation, color, national origin ancestry, or age. Selection procedures may include any o all o the following phases: Application: Both inside and outside candidates will make applications o forms specified by the employing department. Applications mast be submi#ed to the employing department. 2. Screening: Applications will be screened by the employing department to ascertain whether candidates meet minimum requirements as outlined in the job description. Applicants screened out at this level will receive a writ en response explaining such action. Agenda Item 8.k. Page 37 ARTICLE 19. PROMOTIONAL OPPORTUNITIES (continued) 3. Performance Testing: Performance tests, such as typing, machinery or vehicle operation, shills, demonstration, physical agility, etc., will be qualifying. Pass /fall points will be announced in advance for qualifying tests. 4. Written Tests: llritten achievement or aptitude tests will be qualifying. Pass fail points will be announced in advance for qualifying tests. 5. Interviews/Appraisals: Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. If individual interviews or an interview board is used, ar majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. C. Recommended mended Candidartes Candidates who successfully complete all phases of the selection procedure will be recommended to the Department Director and/or City Manager. D. Armointment The Department Director and/or City Manager will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. ARTICLE MAINTENANCE Af CE 11OR EF JOB SERIES The Maintenance Worker job series shall be ar flexibly staffed classification. Movement within the series shall not require an examination or certification to a list of eligibles. Movement within the Maintenance Worker series shall be as follows: 1. Employees shall be flexed to Maintenance Worker II after one 1 year of service as a Maintenance porker I, contingent upon satisfactory performance. 2. Employees shall be fleeced to Maintenance Worker III after no less than three 3 years but no more than four years of service as a Maintenance Worker li, contingent upon satisfactory performance. 3. Satisfactory performance shall mean the employee's annual Performance Review is sufficient to allow the employee a merit salary increase. 30 Agenda Item 8.k. Page 38 ARTICLE 21. ENGINEER JOB SERIES The Engineer job series shall be a flexibly staffed classification. Movement within the series shall not require an examination r certification to a list of eligibles. Movement within the Engineer series shall be as follows: 1. Employees shall be fleeced to an Associate Engineer after completion of Step E of the Assistant Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for an Associate Engineer. 2. Employees shall be fleeced to a Senior Engineer after completion of Step E of the Associate Engineer salary range, contingent upon satisfactory performance and meeting the job requirements for a Senior Engineer. 3. Satisfactory performance shall mean the employee's annual Performance Review is sufficient to allow the employee a merit salary increase. ARTICLE 22. TRANSFERS Transfer o an employee to a position within the employee's current range shall not affect the employee's salary rate. Transfer of an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion. ARTICLE 23. DEMOTION Transfer of an employee to a lower class shall result in reduction of salary. The employee's salary shall be placed in the identical step In the lower class that the employee enjoyed in the class from which demotion was made. Demotion can be made for cause, except for demotions from probationary positions. Cause shall be provided to the employee in writing by the Department Director prior t o any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable. ARTICLE 24. LAYOFFS AN DISPLACEMENT La f fs Whenever, in the judgment of the City, it becomes necessary to make a reduction in force whenever possible said reduction shall be accomplished through attrition. Layoffs shall be made by classification and may be department -wide or by division, program, or function. Workers subject to a reduction in force shall be given at least forty -five working days' notice prior to the effective date of the layoff. The notice shall contain the information required in Section X. "Layoff Procedure" of the Personnel Regulations. 1 Agenda Item 8.k. Page 39 ARTICLE 24. LAYOFFS AND DISPLACEMENT (continued) The Union shall receive concurrent notice and shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to a red uction in force. Permanent furl- time employees and permanent part-time employees shall be considered separately when the order of layoff reaches C. and D. below. Nothing herein is intended to require a preference for or against either full -time or part -time permanent employees in the order of layoff. When one or more workers performing in the same class in a City department is to face a reduction in force, that worker's most recent annual evaluation and seniority shall be used to determine the order of layoff pursuant to the following procedures: The order of layoff shall be as follows: A. Temporary workers in inverse order of seniority (least first); B . Probationary employees in inverse order of seniority; C. Permanent employees whose most recent annual evaluations were below satisfactory in inverse order of seniority; and D. Permanent employees in inverse order of seniority. "Seniority" for the purposes of this Article shall be defined as the length of service as a permanent full -time employee with the City. When determining seniority for permanent full -time positions within a classification subject to layoff, only permanent full -time service shall be considered. Displacement: Permanent full -time employees subject to layoff shall have the right to displace an employee in the same classification in any Department of the City or in a different class within the City with the same or lover salary range provided, however, that: 'I. The employee subject to layoff has greater seniority than the employee being displaced and was rated at a minimum of competent satisfactory in his /her latest evaluation. 2. If the displacement is to a different class, it must be a class in the same occupational series as determined by the City with the concurrence of the Union or, to a class previously held by the employee as a permanent full - time employee of the City. If a position in the laid -off employee's classification, or a similar position in a classification for which the City determines the former employee is suited, becomes available within twenty -four 24 months of layoff, said former employee shall be 32 Agenda Item 8.k. Page 40 ARTICLE 24. LAYOFFS AND DISPLACEMENT (continued) recalled and offered the position in the inverse order of layoff. If a job in a lower paid classification becomes available within t wenty -four 24 months, the City shall review the previously laid -off employees' qualifications. If such laid -off former employees are qualified in the judgment of the City, he /she may fill the slot(s) until his /her former position becomes available, if ever. ARTICLE 25. PERSONNEL RECORDS An employee or his /her designee may inspect his /her personnel file and obtain copies of any and all items in that file at employee expense. An employee may have placed in his /her personnel file any signed and dated statement of clarification or disagreement to any item or article contained within her /her personnel file. Personnel files include those files maintained by the immediate supervisor or other administrators supervisors involved in employee evaluations, as well as the central personnel file. A supervisor's personal notes shall not be considered a part of the personnel file. ARTICLE 26. RESIGNATION An employee wishing to leave his /her employment with the City in good standing shall file with his /her supervisor a written resignation stating the effective date of his /her resignation and the reasons for leaving. The resigning individual shall file such written resignation at least two 2 weeks in advance of the effective termination date and participate in an exit intervie w conducted by the City prior to issuance of the final paycheck. ARTICLE 27. OUTSIDE EMPLOYMENT No full -time employee shall engage in outside employment or an enterprise that his /her Department Director and/or the City Manager may find unsuitable and in conflict with their municipal duties or responsibilities or that lessens their effectiveness as a City employee. ARTICLE 28. POSITION VACANCIES Should the City determine that a vacancy will not be filled, such determination shall be made within 120 working days of the date upon which the worker vacated the position. Upon said determination the City will notify the workers in the affected department and the Union. M] Agenda Item 8.k. Page 41 ARTICLE 2 . POSITION CLASSIFICATION Classification Changes: Daring the course o f this M. . U., the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions that were in effect at the beginning of the agreement. Working Out of Classification: The terra "working out of classification" is defined as a Management-authorized, full -time assignment to a budgeted position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Pay for working out of classification shall be as follows: A. Employees appointed to unfilled positrons on an "out of classification basis will receive acting pay within the range of the higher classification beginning the first day of the assignment B. Employees appointed to a position for vacation, sick leave, o other leave of absence co verage will receive acting pay within the range of the higher classification after fire consecutive work days o f assignment in the acting position. Such acting pay shall be a minimum of fire percent % over the employee's current salary. "Out of classification" provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs or declared conditions of emergency and/or disaster. ARTICLE 30. PROFESSIONAL DEVELOPMENT A. For that training o certification which is required by job specifications, legal mandates, and/or which is required by the City, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with the training. 1. This section does not apply to training co urses and/or certifications required for advancement/promotion to a new position. B. For that training or certification which is encouraged by the City in support of identified programs, the City will provide for such training and/or certification including providing City time to attend the training and to pay for costs associated with attending the training, provided that the program for which the training and certification is related remains in operation and that funds for such training are included in the current City Budget. 34 Agenda Item 8.k. Page 42 ARTICLE 30. PROFESSIONAL DEVELOPMENT (continued) C. The City will maintain training certificates, special licenses, and other related documentation related to an employee's professional development in the employee's City personnel file. In addition, an employee may submit for inclusion into his /her City personnel file documentation for completion of training related to the employee's duties and responsibilities, special licenses, or for collegiate courses and/or degrees earned which the employee completed outside of the workplace. The policy /procedure for requesting and attending training shall be as provided in Section C- 009, Travel Policy, of the City's Administrative Policy and Procedure Manual. ARTICLE 31. UNIT ASSIGNMENTS Any new permanent full -time job classification which does not fall under the City's management criteria or who is represented by the Arroyo Grande Police Officers' Association shall be represented by the S.E. I. U. ARTICLE 32. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS All benefits, terms and conditions of employment enjoyed by unit employees as of ,July 1 2005, and any side letter agreements reached after that dame, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by mutual agreement, in writing, of the parties. ARTICLE 33. M. .u. IMPLEMENTATION N Both parties agree that the terms of this Memorandum of Understanding supersede provisions of all other practices, Memorandum of Understanding, resolutions, and rules of the City than conflict with provisions of this Agreement. ARTICLE 34. OBLIGATION TO MEET AND WAIVER CLAUSE Except a otherwise expressly provided in this Agreement or, where the parties mutually agree to meet and confer on a matter, the City and the Union expressly waive and relinquish the right, and each agrees than the other shall not be obligated to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether or not referred to in this Agreement. ARTICLE 35. SAVINGS CLAUSE Should any provision of this Agreement be held inoperative, Void, or invalid by a Court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties shall met and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision. Agenda Item 8.k. Page 43 ARTICLE 36. POLICY CONFLICTS The policies and provisions contained herein shall supersede, in all material respects, all conflicting o inconsistent policies and provisions contained in the City o Arroyo Grande Personnel Regulations n and the City o Arroyo Grande Administrative Policies and Procedures. REPRESENTATIVES OF CITY OF ARROYO GRANDE [1T.'%I=; STEVEN ADAMS CITY MANAGER KAREN SI SIPCO CITY NEGOTIATOR REPRESENTATIVES OF ARROYO GRANDE CHAPTER SEIU — LOCAL 620 DATE: MIKE WOODS SEIU CHIEF NEGOTIATOR PAUL AAARSALEK SEIU NEGOTIATOR PETER AAC LU RE SEIU NEGOTIATOR CAAAELA SCHAAF SEIU NEGOTIATOR 36 Agenda Item 8.k. Page 44 Exhibit "A" E 3067 3'142 3223 3301 Office Assistant I 3385 Account Clerk 1 3469 Maintenance Worker I 3557 3644 Office Assistant 11 3737 3828 Maintenance Worker 11 Recreation Coordinator 3926 Account Clerk 11 4025 4125 4230 Senior Accounting Clerk 4334 Admin. Secretary Maint. Worker III Sports Facilities Coord. 4443 4552 Water Services Worker 4668 4782 Agenda Item 8.k. Page 45 CITY F ARROYO GRANDE SCHEDULE OF SALARY RANGES -SEIU 7/1/2011 RANGE A B C D 11 2524 2650 2784 2920 12 2584 2715 2851 2995 13 2651 2785 2922 3068 14 2716 2852 2996 3144 15 2787 2924 3070 3225 1 2853 2997 3146 3303 17 2927 3071 3226 3386 18 2998 3147 3305 3472 1 3072 3227 3388 3558 20 3150 3307 3474 3647 21 3228 3390 3561 3740 22 3310 3477 3651 3831 23 3392 3564 3743 3929 24 3479 3654 3837 4027 25 3565 3744 3930 4131 26 3655 3839 4028 4231 27 3747 3933 4133 4336 8 3841 4031 4233 4445 29 3935 4135 4339 4554 E 3067 3'142 3223 3301 Office Assistant I 3385 Account Clerk 1 3469 Maintenance Worker I 3557 3644 Office Assistant 11 3737 3828 Maintenance Worker 11 Recreation Coordinator 3926 Account Clerk 11 4025 4125 4230 Senior Accounting Clerk 4334 Admin. Secretary Maint. Worker III Sports Facilities Coord. 4443 4552 Water Services Worker 4668 4782 Agenda Item 8.k. Page 45 Exhibit "A" E 4908 Ilaint. Services Lead Person Fleet Ilaint. Coordinator 5024 5152 5281 413 Recreation Supervisor 5548 5686 Ilaint. Services Supervisor 5880 5975 124 6277 6488 6593 6758 Associate Engineer 6928 7101 7282 Senior Engineer 7468 7652 Agenda Item 8.k. Page 46 CITY F ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 7/1/2011 RANGE A B C 30 4088 4286 4448 4670 81 4136 4840 4558 4788 82 4288 4450 4672 4906 33 4842 4560 4790 5082 84 4452 4675 4909 5156 35 4562 4798 5084 5288 36 4678 4911 5158 5416 87 4795 5086 5285 5558 38 4914 5163 5418 5688 39 5088 5287 5556 5832 40 5164 5420 5691 5977 41 5290 5558 5886 6127 42 5424 5694 5980 6281 48 5561 5842 6130 6438 44 5699 5985 6286 6598 45 5846 6186 6444 6768 46 5989 6292 6608 6934 47 6138 6446 6769 7108 48 6296 6610 6941 7288 E 4908 Ilaint. Services Lead Person Fleet Ilaint. Coordinator 5024 5152 5281 413 Recreation Supervisor 5548 5686 Ilaint. Services Supervisor 5880 5975 124 6277 6488 6593 6758 Associate Engineer 6928 7101 7282 Senior Engineer 7468 7652 Agenda Item 8.k. Page 46 C INCORPORATED 7 JULY 10, 11) 11 F Vt t MEMORANDUM TO: CITY COUNCIU E E EL PME IT AGENCY BOARD OF DIRECTORS FROM: ANGELA K AETSCH, DIRECTOR OF A MI IISTATI E SEF ICE SUBJECT: CONSIDERATION OF FY 2011-12/ FY 2012-13 BIENNIAL BUDGET DATE: JUNE 28 2011 RECOMMENDATION: I' : It is recommended the City Council adopt the ar ar hed resolution approving the F 2011 -12 Budget. FINANCIAL IMPACT: The total citywide budget for FY 2011 -12 is $22,906,693 and $24,349,769 for FY 2012- 13. The total General Fund budget is $1 3,428,698 for FY 2911 -12 and $1 3,840,575 for FY 2012-13. B ACKGROUND: The City Council held budget workshops on February 'I ts `, Mar h 2 ��', and May 26 . A t the February 17 workshop, staff presented recommendations, and the Council provided direction, on budget gnarls. At the March 24 workshop, staff recommended mended s trategies for addressing the General Fund shortfall, projected at that time in the range o f $700,000 t $950,000. The primary strategies agreed upon included: 1 use of reserves above the 15% minimum; and 2 concessions from labor organizations. At the May 26 workshop staff presented the Preliminary FY 2011 -12 FY 2012 -13 Biennial Budget documents for the Council to review. As presented, the second year o f the budget relies m o reserves than i recommended. Therefore, the Budget document includes both furl years in order to: (1) determine the amount of the deficit in the General Fund for the second year and 2 s treamline the budget process for FY 2012 -13. However, the City Council is only being requested to appr the first year o f the budget. Agenda Item II.a. Page 1 CITY COUNCIL FY 2011-12 FY 2012-13 BIENNIAL BUDGET JUNE 2 , 201'1 PAGE 2 ANALYSIS OF ISSUES: Staff has developed ar budget that relies on ar combination f employee concessions and use of reserves. Of the $760,000 shortfall, $350,000 is projected from reserves and $410,000 from employee concessions. This will maintain service levels, address the increased costs of employee s alary and benefit costs, minimize impacts on staff, and limit the structural budget deficit to an amount that can continue to be feasibly managed in the future. Assumptions regarding concessions are barred upon prior City Council direction at the budget workshops. Neg tiarti ns with unions are anticipated to be completed within the next fever weeks. Strategies sufficient to balance both years of the two-year budget without overreliance on reserves have not been identified at this time. Therefore, it is recommended the City Council adopt a one -year budget for FY 2011 -12, while identifying and developing strategies for long -term savings over the next 12 -month period. This will also enable the City to obtain better information on the future direction of the economy, which at this time has ar high level of uncertainty. Budgets for all funds are incorporated into the document. The FY 2011 -12 proposed budget is balanced, will continue to fund the high quality of services provided to the community, and will ingest in the future through capital improvements and maintenance activities. The budget recommendations incorporate ar balanced and responsible approach to meeting the City's short and long -term needs in a cost effective manner. The Biennial City Budget is n important document because it serves as staff s recommendation, and ultimately Council's direction, for the work program for the upcoming two-year period. It also represents the collective recommend art ion o the executive team. The Biennial Budget was developed by incorporating budget goals and priorities recommended by staff and approved by City Council prior to the beginning of the budget process. These priorities were used as the basis for evaluating requests and developing recommendations. A ll budget priorities established have been addressed in the budget recommendations. Water Rind The projected year-end fund balance is $11,129,367 for FY 2011-12 and $11,199,136 for FY 2012-13, which meets the City's policy gnarl of 60 days perarti na l costs plus $500,000. However, once the amount for fined assets f $9,520,956 is subtracted, the projected amounts are $1,608,411 for FY 2011-12 and $1,678,180 for FY 2012-13. Therefore, reserves may fall below the City's policy goal if water usage continues to decrease. Projects have been delayed, operational costs held constant, and one maintenance worker position held vacant to maintain the necessary reserve amount. Costs for water conservation ardmini trarti n have been transferred from the Water Neutralization Fund to the Water Fund dine to the depletion of the Water Neutralization Agenda Item 11.a. Page 2 CITY COUNCIL FY 2011 -1 FY 2012-13 BIENNIAL BUDGET JUNE 28,2011 PAGE Fund. Despite the delay in capital improvements, a relatively aggressive capital improvement program is recommended. Severer Fund The projected ending fund balance is $114,100 in FY 2011 -12 and $328,900 In FY 2012-13, both of which are well below the City's reserve policy of 60 days operating expenses plus $500,000. Revenues have decreased significantly due to reduced water usage since rates are largely based on water consumption. Capital projects have been delayed and operational costs held constant in o rder to maintain a positive fund balance. Reserve amounts will need to be addressed during the next fee study. Despite the delay in capital improvements, a relatively aggressive capital improvement program is recommended. Redevelopment pment Agency Fund The Redevelopment pment Agency Administration Fund remains balanced, but most revenues have been allocated. Expenditures include ongoing operational costs for staff and consultants, the El Camino Real Rehabilitation Project, the Le Point Street Parking Lot Expansion, and design costs for the Police Building. Any additional revenue will be recommended to be allocated for upgrade of the Car Corral and additional expenses related to the Police Building project. Additional funding is available for another affordable housing project. Bills were recently approved by the Legislature to eliminate redevelopment, but not yet signed by the Legislature. If these proposals are adopted, the California Redevelopment Association (CRA) will likely pursue legal action since cities and the legislative counsel have both determined it to be unconstitutional. If the State is successful in eliminating redevelopment, it would result in elimination of all economic development efforts, participation in the San Luis Obispo County Economic Vitality Corporation, San Luis Obispo County V isitors' and Conference Bureau San Luis Obispo County Dousing Trust Fund, funding for capital improvements, and funding for assistance to housing and commercial projects. The General Fund will also be impacted by an estimated $328,000 through the reduction o revenue for staffing and transfer costs. If this were to happen, it would likely not be resolved until well into the fiscal year. Therefore as a contingency plan, staff recommends a combined strategy of delaying capital projects, utilizing a portion of Local Sales Tax funds, and increasing use of reserves in FY 2011 -12. The additional revenue reductions would then need to be add ressed through additional budget reductions in FY 2012-13. bevel gment Impact Fee Accounts Development impact fee accounts are established to fund upgrades in public facilities through fees on development projects. These accounts have experienced a significant reduction in ongoing revenues due to the impact of the economy on new development, which has in turn affected the City's ability to fund major capital improvements. Each of the funds remains balanced. Projected expenditures and fund balances are as follows Agenda Item II.a. Page 3 CITY COUNCIL FY 2011-12/ FY 2012 -1 BIENNIAL BUDGET JUNE 28 2011 PAGE 4 Fee FY 2011 -12 Fire Protection $0 Police Protection $0 Park Development $0 Park Improvement $45,000 Community Center $0 Traffic Signalization $0 Transportation Facility $0 Water Neutralization $181,100 Affordable Housing $0 FY 2012 -13 Balance $0 $71,062 $0 $66 $0 $439,211 $45,000 $18,792 $0 $26,931 $200,000 $315,273 $130,000 $1,238,696 $169,400 $72,534 $0 $979,670 Streets (Caps Tax ) Fund Staff is anticipating an increase in Caps Tax and Local Transit funds. This has reduced the amount f Local sales Tax funds budgeted to pay for staff and materials for ongoing street repairs. Capital Improvement Program Despite operational funding constraints, it is recommended to maintain use of Local Sales Tax funds primarily for capital improvements. As a result, the budget recommendation continues a substantial investment in transportation, street, drainage, creek, street tree, and public safety facility and equipment improvements. Highlights include: design of the Brisco Road Interchange improvements; resurfacing of the Traffic Way extension; an increase in street, sidewalk and street tree maintenance; matching funds for creek p reservation grant applications; the majority of ongoing funding necessary to finance the Police station project; lighting of Don Roberts Field; completion of the El Camino Real rehabilitation project; signarli anti n of East Grand Avenue and West Branch street; resurfacing of the Greenwood tract; drainage improvements at Miller Way and Platin Lane; replacement of severer Lift station No. ; upgrade of Reservoir it and Oro Booster station; and Reservoir #7 construction. The Capital Improvement Program recommendations reflect the agreed upon 5-year expenditure plan for the Local sales Tax funds and goals outlined at the February 17 th Budget Workshop. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: Adopt resolution approving the FY 2011 -12 Budget; Modify and approve F 2011 -12 Budget; - Do not approve the FY 2011 -12 Budget; - Provide direction to staff. Agenda Item II.a. Page 4 CITY COUNCIL FY 2011-12/ FY 2012-13 BIENNIAL BUDGET ,JUNE 28 2011 PAGE 5 ADVANTAGES: Based on current projections, the proposed recommendations mendations will maintain a balanced budget and appropriate General Fund reserve for FY 2011 -12. Adequate service levels will be maintained, while providing time to develop strategies to address future projected shortfalls. DISADVANTAGES: The proposed budget relies on negotiated concessions with employee unions, will utilize reserves, and will leave a projected shortfall in FY 2012-13 that will need to be addressed during the upcoming fiscal year. In addition, a number of concerns exist that could further negatively impact revenue projections and status of the proposed budget. These include the following Financial impact of changes to the State budget which includes the termination of the City's Redevelopment Agency); Future increases to PIERS retirement rates. ENVIRONMENTAL E IEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, June 23, 2011 and on the City's website on Friday, June 24, 2011. No comments were received. Attachment: 1. City of Arroyo Grande FY 2011-12/2012-13 Biennial Budget on fife in the Administrative Services and City Clerk Departments for public revie w Agenda Item II.a. Page 5 RESOLUTION N , A RESOLUTION F THE CITY COUNCIL OF THE CITY OF ARROYO F ANDE ADOPTING FISCAL YEAR 2011 -1 F THE FISCAL YEAR 2011-12 2012-13 BIENNIAL BUDGET AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED WHEREAS, a proposed Biennial Budget for the City of Arroyo Grande for the Fiscal Years commencing July 1, 2011 and ending June 30, 2012 and commencing July 1, 2012 and ending June 3, 2013 was submitted to the City Council and is on file with the Director of Administrative Services; and WHEREAS, EAS, the City Council also serves as the Redevelopment pment Agency Board of Directors; and WHEREAS, by adopting this budget the Agency finds that the planning and administrative expenses charged to the Lover and Moderate Income Housing Fund are necessary for the production, improvement, or preservation of low-- and moderate - income housing. HAS Code 3333.3d; and WHEREAS, proceedings for adoption of said Budget have been duly taken; and WHEREAS, EAS, the total budget for FY 2011-12 is $22,906,693. NOW, , THEF EF F E, THE CITY COUNCIL OF THE CITY OF ARROYO F ANDE DOES RESOLVE As FOLLOWS: SECTION 1. The Budget is adopted as the Biennial Budget for the City of Arroyo Grande for the Fiscal Year commencing July 1, 2011 and ending June 30, 2012. SECTION 2,, At the close of each Fiscal Year, unexpended appropriations in the Operating Budget will be carried forward to the next fiscal year a . s necessary to underwrite the expense of outstanding purchase commitments. Unexpended appropriations for authorized, but uncompleted projects as approved by the City Council may be carried forward to the next succeeding Budget upon recommendation by the Administrative Services Director and approval of the City Manager. On motion of Council Member seconded by Council Member , and on the following roll call Vote, to grit: AYES: Council Members NOES: Council Members ABSENT: Council Members the foregoing Resolution was passed and adopted this day of , 201 1. Agenda Item II.a. Page 6 RESOLUTION N . PAGE 2 TONY FER AF A, MAYOR ATTEST: KELLY 1 ETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL., CITY ATTORNEY Agenda Item II.a. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item II.a. Page 8 CITY F } } MEMORANDUM T# CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER TIMOTHY J* CARMEL, CITY ATTRNE SUBJECT: SUPPLEMENTAL INFORMATION JUNE 28, 2011 CITY COUNCIL AGENDA ITEM! 8.h. — CONSULTANT SERVICES AGREEMENT WITH THE WALLACE GROUP DATE: JUNE 28,2011 Attached are recommended modifications to Section 1 TERM and Section 11 (INDEMNIFICATION) in the Agreement for Consultant Services between the City and The Wallace Group. As indicated in the staff report, unless otherwise directed b y the City Council, staff will issue a Request for Proposals for consulting engineering services in approximately sic months. In addition, an incorrect fee schedule was included in the Agreement in error. Attached is a corrected Exhibit B. These are rates charged since 2008 and do not represent any increase in the contract cost. c: Community Development Director City Clerk 1. TERM This Agreement will become ff tiv on the date set forth above and will continue in effect until terminated as provided herein. 11. INDEMNIFICATI (a) Indemnification for Professional Liability When the law establishes professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents "Indemnified Parties" from and against any and II losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b Indemnification for other Than Professional Liability other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions,, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any war attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. ( c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and e very subcontractor or any other person or entity involved bar, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fuller responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no war act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall s urvive the termination of this agreement or this section. (d) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold h City and any and all of its officials, employees and agents ("Indemnified Parties" ) from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. "Exhibit B" Schedule of Fees Personnel Hourly Fates Engineering Services: Prevailing Ware Principal ........................... .......... ............................. ............... 160 Principal Engineer .................................... . %............................. 150 Director of Civil Engineering .......................... ............................... 1 Director of Mechanical Engineering ..... . ......... . ........... ................. $140 Director of Water Resources urces ... ................... .................. ...........$140 Wetlands Specialist .......... . ....... . .................... ........................... $145 Senior Civil Engineer 1 — 11 ................... .................. . ........ . ......... $130-$135 Senior Mechanical Engineer I - II ..... ......... ........, ......., .............$130-$135 Civil Engineer I — ill . ....... . ................... ......... ......... ................ $110-$12 Senior Civil Designer I — II .............................. ......... ...................$120-$125 Engineering Associate I — V ... ............................... ...................... $ 90-$115 Project Analyst I - 111 ............. ......... ............................ ............... $ 75-$110 Engineering Assistant l - III .............................. . ........ . ................ 60-$ 5 Administrative Assistant I - III ......................................................... 58-$ 3 Surveying Services Director of Surveying .......... .................... ............................... ...$140 Senior Land Surveyor 1 - 11 ......... ......... .......... ........ ...................$130-$135 $140 Land Surveyor I — II .... . .............................. ......... ..................... .$115-$120 Survey Associate I - V ........ ....... .. ................... ..................... .... go-$115 Three Man Survey Crew ... ........................... ...... ...........................$235 ........ . ........................ .........$280 Two -Man Survey Crew . ............................... ........... .........., ..... $170 ......, , ..........., .................. 195 Two -Man GPS Survey Crew . .......... ....................... .......... ........1 ........ ................................... $230 One -Man GPSiF b t Survey Crew ................. ...........................$155 ...... ..................................... $150 GIS Specialist .......... .... ............................... .. ...........................$110 GIsTech .......... ** ........... * ........... * * ............ ... ................._............. 0 Surveying Assistant I - III ........................... ............................... 60-$ 5 Planning nin Services Directorof Planning ....... ............................... ...........................$140 Consulting Planner .......... . . ....................... ............................... $140 Supervising Planner ..... ............. ................... ...........................$135 Senior Planner I - II„ ....... ............................... ........ .................$130-$135 Associate Planner I — III ................ .. ............... . ............ * ............... 4 * - %$ 90-$115 Planning Designer I - 11 .......... .... ............................... ................ - 35 Planning Assistant l - III .......... ............................... * *.................. i - 5 Landscape Ar i ec ure Services: Director of Landscape Architecture .......... ...... ...........................$140 Senior Land cape Architect I - II ...... ............................... ...........$125-$130 Landscape C n truct on Specialist ............................. ................$115 Landscape Architect I # 11 ........ .... ............................... ................$110 -$115 DesignerI — V .......... ............................... .. ............. . ............... 90-$115 Landscape Architecture Assistant I - III . .. . . .. ............ . ................. - 5 WALLACE GROUP 71 - Effective January 2008 Construction M anagement / Field Inspection Services Prevailing Wage Director of Construction Management ............. ............................... $140 Expert 'llitn ............................................. ............................... $259 ResidentEngineer ....................................... ............................... $117 ............ ............................... +1 Construction Administrator ............................ , ............................. 9 EngineeringInspector ...................................... ............................... 9 ................. ...,....,,.,............., $129 Project Analyst l - III ........................................ ............................... 75-$110 Administrative Assistant l - III . . . . . . . . . . .............................. . .............. - Public Works Administration Services Senior Project Manager ................. . ............... ............................... 1 Senior Engineer l- II .......... ............................... ............................... $130-$13 Senior Right-of-Way Agent ....... . ............................... . .................... 1 General Manager ........ ................. ............................... , ............'1 +1 Project Analyst I - III ........................................ ............................... $ 75-$110 Administrative Services Senior Financial Analyst ......... ............................... .........................$1'19 Financial Analyst l — ll .............................................. *.,................... - 9 Administrative Assistant I- 111 ......................... ............................... - Direct Expenses: Reimbursement of direct expenses incurred in connection with the project scope of work will be invoiced to the client. A handling charge of 15% may be added to the direct expenses listed below. Direct expenses include, but are not limited to the following: travel expenses (automobile/ long distance telephone /fax lodging/ meals) postage /delivery service professional sub - consultants special materials county /city fees blueprints document copies photographs Invoicing and Interest charges: Invoices are submitted monthly on an accrued cost basis in accordance with this Fee Schedule. A finance charge of 1. % per month (18% per annurn will be assessed o n all balances that are thirty days past due. Fee Revisions: 1laI lace Group reserves the right to reprise cur Schedule o Fees on a semi - annual basis, and also to adjust hourly prevailing wage rates up or down) as the Mate establishes rate changes. As authorized in advance by the client, overtime on a project will be billed at 1. times the normal employee's hourly rate. Personnel classifications: Wallace Group may find it necessary to occasionally add new personnel classifications to our Schedule of Fees, Mileage: Wallace Group charges $0.60 per mile. WALLACE GROUP 71 - Effective January 2008